Terms of Use Agreement and Privacy Policy

Terms of Use Agreement

Welcome to Flipagram, Inc., the provider of the Flipagram website and application (“Flipagram," “we," or “us"). This page explains the terms by which you may use our website, application software and service through your browser or mobile device (collectively our “App"). By downloading, accessing or using the App, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement") and to the collection and use of your information as set forth in the Flipagram Privacy Policy. Flipagram reserves the right to make unilateral modifications to these terms. This Agreement applies to all visitors, users, and others who download, access or use the App (“Users").

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION. YOU AGREE THAT DISPUTES BETWEEN YOU AND FLIPAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

  1. Use of Our App
  2. User Content
  3. User Content License Grant
  4. Flipagram
  5. Mobile Software
  6. Our Proprietary Rights
  7. Privacy
  8. Security
  9. Reporting Copyright and Other IP Violations
  10. Third-Party Links
  11. Indemnity
  12. No Warranty
  13. Limitation of Liability
  14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
  15. General

1. Use of Our App

Flipagram provides an App for you to create personal video stories by sequencing your photos or other images, and if you choose, to add music, narration, or other sound to accompany your story (“Flipagram Video").

  1. Eligibility

    You may use the App only if you can form a binding contract with Flipagram, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the App by anyone under 13 is strictly prohibited and in violation of this Agreement. The App is not available to any Users previously removed from the App by Flipagram.

  2. Flipagram App

    Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, noncommercial use, and only in accordance with the features of the App as it is marketed by Flipagram. Flipagram reserves all rights not expressly granted herein in the App and the Flipagram IP (as defined below). Flipagram may terminate this license at any time for any reason or no reason.

  3. Commercial Use

    You may not use the Flipagram App for commercial purposes unless you are the copyright holder or you have obtained all necessary rights and licenses to use for commercial purposes all images, musical works, sound recording, narration, and other material that make up your User Content.

  4. Flipagram Accounts

    Your Flipagram account gives you access to the App and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Flipagram with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

    You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Flipagram immediately of any breach of security or unauthorized use of your account. Flipagram will not be liable for any losses caused by any unauthorized use of your account.

    You may control your User profile and how you interact with the App by changing the settings in the mobile app. By providing Flipagram your email address you consent to our using the email address to send you App-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the App and special offers.

  5. Usage Rules

    You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to the Flipagram servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial purposes without having all necessary rights and licenses to the User Content; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.

    We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

    You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. Flipagram shall have no liability for conduct in relation to your use of our App.

2. User Content

Some areas of the App provide Users the capability to create, share and post content such as profile information, photographs, videos, images, musical works, sound recording, narration, text and other material used to create a Flipagram Video, comments, questions, and other material or information (any such materials a User provides, shares, submits, displays, or otherwise creates using the App, including the Flipagram Video created by the User, are “User Content”). We claim no ownership rights over User Content created by you. Flipagram has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the App.

You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Flipagram reserves the right, but is not obligated, to reject and/or remove any User Content that Flipagram believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  1. Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
  2. To the extent that you use our App for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the App.
  3. Flipagram may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  4. Flipagram takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the App. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms of Use, you may bear legal responsibility for that content.

3. User Content License Grant

If you share your User Content with Flipagram or link your User Content to Flipagram on a third party service (including, for example, by using the tag #Flipagram on Instagram or tagging Flipagram on Facebook), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Flipagram a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and Flipagram’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels.

4. Flipagram

  1. About. The App provides you the ability to create personal video stories by sequencing your photos or other images, and if you choose, to accompany them with your music, narration, or other sounds. The App may also provide the capability for third parties to offer you music or audio clips to use in your creation of User Content. You continue to own all of your original User Content in any Flipagram video created by you. However, you do not own any music, audio clips, video, or other content provided by third parties via the App, including any such content that you include in a Flipagram video, and you may only use such content for private noncommercial purposes and to the extent of the functionality of the App.
  2. Sharing Flipagram Videos and User Content. You can share your Flipagram Videos and other User Content with others via email, SMS text messages, or third-party services such as Instagram, Facebook, YouTube, and Twitter. Flipagram has no control over third-party sites and services. If you choose to share your Flipagram video on a third-party site or service, you do so at your own risk, and you understand that this Agreement and Flipagram’s Privacy Policy do not apply to your use of such sites. You are solely responsible for your Flipagram videos and any sharing of the videos by you or through your account. You are responsible for ensuring that you have all Intellectual Property Rights for any User Content that you create via the Flipagram App for commercial use. You agree that Flipagram shall not be liable for any violation of any laws or rights of third parties, including without limitation Intellectual Property Rights, rights of privacy, and rights of publicity, arising from or related to your creation or use of any User Content, and you agree to defend, indemnify, and hold harmless Flipagram from any and all liability arising from your access to or creation, use, or sharing of any User Content.

5. Mobile Software

  1. Mobile Software. We may make available software to access the App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Flipagram does not warrant that the Mobile Software will be compatible with your mobile device. Flipagram hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Flipagram account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Flipagram may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Flipagram or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Flipagram reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Flipagram App.
  2. Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Flipagram, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Flipagram as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Flipagram as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Flipagram, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Flipagram acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

6. Our Proprietary Rights

The App contains material owned or licensed by Flipagram (“Flipagram IP"). Flipagram IP may be protected by copyright, trademark, patent, trade secret and other laws, and as between you and Flipagram, Flipagram owns and retains all rights in the Flipagram IP. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the App. The Flipagram name and logo are trademarks of Flipagram, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flipagram. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Flipagram, and may not be copied, imitated or used, in whole or in part, without prior written permission from Flipagram. You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our products (“Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Flipagram under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Flipagram does not waive any rights to use similar or related ideas previously known to Flipagram, or developed by its employees, or obtained from sources other than you.

7. Privacy

We care about the privacy of our Users. You understand that by using the App you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

8. Security

Flipagram cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

9. Reporting Copyright and Other IP Violations

Flipagram respects other people’s rights and we expect you to do the same.

Since we respect artist and content owner rights, it is Flipagram’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is located on the App, please notify Flipagram’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing, and where it is located in the App;
  4. Information reasonably sufficient to permit Flipagram to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:
DMCA Notice
Flipagram, Inc.
Address: 916 Silver Spur Road, #310, Rolling Hills Estates, CA 90274 USA
Email:

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Flipagram and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Flipagram’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Flipagram has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Flipagram may also at its sole discretion limit access to the App and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. Third-Party Links and Materials

The App may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Flipagram. Flipagram does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the App, you do so at your own risk, and you understand that this Agreement and Flipagram’s Privacy Policy do not apply to your use of such sites. You expressly relieve Flipagram from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the App, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Flipagram shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

In addition, the App may incorporate certain third-party materials, including but not limited to software, which may be subject to separate terms and conditions, which we will make available to you if applicable. Without limiting the generality of the foregoing, the following applies to the use of Gracenote software incorporated in the App:
Gracenote® End User License Agreement This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End User functions of this application or device. This application or device may contain content belonging to Gracenote’s providers. If so, all of the restrictions set forth herein with respect to Gracenote Data shall also apply to such content and such content providers shall be entitled to all of the benefits and protections set forth herein that are available to Gracenote. You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal, non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN. You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote may enforce its rights under this Agreement against you directly in its own name. The Gracenote service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service. The Gracenote Software and each item of Gracenote Data are licensed to you AS IS. Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new, enhanced or additional data types or categories that Gracenote may provide in the future, and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

11. Indemnity

You agree to defend, indemnify and hold harmless Flipagram and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, including without limitation any User Content, or any that is created, stored, shared or submitted via your account; or (vi) any other party’s access and use of the App with your unique username, password or other appropriate security code.

12. No Warranty

THE APP IS PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIPAGRAM OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FLIPAGRAM, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.

FLIPAGRAM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FLIPAGRAM APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FLIPAGRAM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL FLIPAGRAM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIPAGRAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FLIPAGRAM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FLIPAGRAM HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FLIPAGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The App is controlled and operated from facilities in the United States. Flipagram makes no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the App if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the App are solely directed to individuals, companies, or other entities located in the United States.

14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.

  1. Governing Law. You agree that: (i) the App shall be deemed solely based in California; and (ii) the App shall be deemed a passive one that does not give rise to personal jurisdiction over Flipagram, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
  2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FLIPAGRAM. For any dispute with Flipagram, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that Flipagram has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims"), by binding arbitration by Judicial Arbitration and Mediation Services (“JAMS"), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Flipagram agree otherwise. If you are using the App for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the App for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Flipagram from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
  3. Class Action/Jury Trial Waiver. REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE APP FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND FLIPAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU AND FLIPAGRAM WAIVE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR FLIPAGRAM WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT BY A PRIVATE ATTORNEY GENERAL OR IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT.

15. General

  1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flipagram without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  2. Notification Procedures and Changes to the Agreement. Flipagram may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Flipagram in our sole discretion. Flipagram reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Flipagram is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Flipagram may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the App after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the App.
  3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Flipagram in connection with the App, shall constitute the entire agreement between you and Flipagram concerning the App. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
  4. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Flipagram’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  5. Contact. Please contact us with any questions regarding this Agreement.

This Agreement was last modified on 02/27/14.

Privacy Policy

Welcome to Flipagram, Inc., the provider of the Flipagram website and mobile application ("Flipagram,” "we” or "us”). Flipagram is committed to protecting the privacy of all visitors, users and others who access our application ("you,” or "Users”). This Privacy Policy applies to our website www.flipagram.com and the Flipagram mobile app for iPhone, Android or Windows mobile devices (collectively, the "Flipagram App” or our "App”). This Privacy Policy applies only to the practices of companies we own, control, or are united with under common control. By accessing or using our Service, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

1. INFORMATION WE COLLECT

Generally. We collect personal information from our users in order to provide you with a personalized, useful and efficient experience. The categories of information we collect can include:

  • Information you provide. We may collect and store personal information you enter in our Service or provide to us in some other manner, including your name, email address, mobile phone number, user name and password. In order to create your Flipagram, the App accesses your photographs, videos and music library stored on your mobile device, on third party websites where they are stored, or other places they may be stored. We may also collect any communications between use and Flipagram, as well as any information you provide if you take part in any interactive features of the App (e.g., games, contests, promotions, surveys, etc.).
  • User Content. We collect your personal information contained in any User Content you create, share, store or submit to the App, which may include photo, video or other image files, music works, sound recording, narration, written forum comments, information, data, text, scripts, graphics and interactive features generated, provided or otherwise made accessible by Flipagram.
  • Information we receive from social networking sites. When you interact with our site through various social media, such as when you login and share through Facebook, Instagram and others, we may receive information from the social network including your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.
  • Information about others. With your permission, Flipagram may access your contact list available on your mobile device in order to share your Flipagram creations, or to invite your friends and contacts to connect with our Service. We may also collect information about others if you use our Service to upload, share and/or distribute User Content that contains information about others, including their name, image and online contact information.
  • Metadata. Flipagram collects metadata associated with User Content. Metadata typically consists of how, when, where and by whom a piece of User Content was collected and how that content has been formatted. Users can add or may have added metadata added to their User Content including keywords posted with a photo or video, including names, geographical information, comments or other data. This makes your data more searchable and more interactive. However, the metadata may be accessible to others if you share the User Content with others or on third party social media sites.

We use this information to operate, maintain, and provide to you the features and functionality of the App, as well as to communicate directly with you, such as to send you email messages and push notifications, and permit you to share your creations on the App with your contacts or social media sites. We may also send you Service-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the App, technical and security notices). For more information about your communication preferences, see "Your Choices Regarding Your Information” below.

Use of cookies and other technology to collect information.

We automatically collect certain types of usage information when you visit our website or use our Service. When you visit the App, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the App (e.g., the pages you view, the links you click, how frequently you access the App, and other actions you take on the App), and allow us to track your usage of the App over time. We may collect log file information from your browser or mobile device each time you access the App. Log file information may include anonymous information such as your web request, Internet Protocol ("IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the App, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the App. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the App. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the App. We may receive reports from third party analytics providers, which we may combine with the personal data we collect from you directly.


When you access our App by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device ("Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.

We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.

2. SHARING PERSONAL INFORMATION WITH THIRD PARTIES

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the "Your Choices Regarding Your Information” section below.

We may also share your personal information with:

  • Other companies owned by or under common ownership as Flipagram, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
  • Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, or providing analytics services;
  • Our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion;
  • Third parties who we think may offer you products or services you may enjoy;
  • Third parties at your request. For example, you may have the option to share your Flipagram videos with your friends through email, SMS text, or various social media sites;
  • The public at your request. If you interact with our site or app on social media, for example by tagging your videos #Flipagram on Instagram, that piece of User Content will be linked to Flipagram on our website or social media profiles and Flipagram may display your User Content publicly;
  • Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
  • Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Flipagram, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.

3. YOUR CHOICES REGARDING YOUR INFORMATION

Marketing Communications. If you do not wish to receive promotional emails, you can click the "unsubscribe” button on promotional email communications. Note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, password or local area number requests, order confirmations, change or updates to features of the App, or technical and security notices.

Online Advertising and Tracking. We permit third parties, such as ad networks and analytics providers, to collect information about your use of our website over time, in order that they may display ads that may be relevant to your interests or provide us with enhanced demographic and analytic information about our users. For example, we have implemented Google Analytics Demographic and Interest Reporting to provide site demographic reporting. Typically, the information we share with these types of third party providers is provided through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org You can also visit https://tools.google.com/dlpage/gaoptout/ to learn how to opt-out of Google Analytics). Depending on your mobile device, you may not be able to control tracking technologies through settings.

Data Retention: We will retain your information for as long as your account is active or as needed to provide you services. Following termination or deactivation of your account, Flipagram may retain information (including User Content) for a commercially reasonable time for backup, archival, and/or audit purposes. Please contact us at if you wish to deactivate your account. Please be aware that we will not be able to delete any content you have shared with others or with social media sites, nor can we remove cached content from search engines.

Deleting or Anonymizing Your Content: If you are under 18 years of age, you may request that the User Content that you posted to the App be deleted or anonymized such that your personal information will not be identifiable publicly on our App by completing the form found at: https://flipagram.com/_/account/deactivate or by sending an email to including your full name, email address, Flipagram username, and the text “I am under 18 years of age and request that you delete or anonymize my content.” While we will use all commercially reasonable efforts to delete or anonymize your User Content upon request, please be aware that due to the social nature of our App, you may not be able to completely remove all of your personally identifiable User Content if, for example, that content has been stored, republished, or reposted by another user or a third party. We may also maintain your information in identifiable form for our internal use, even if your personal data is no longer visible to the public on our App.

4. SECURITY AND STORAGE OF INFORMATION

Flipagram cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your information collected through the App may be stored and processed in the United States or any other country in which Flipagram or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Company or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

5. PERSONS UNDER THE AGE OF 13

Flipagram does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the App. The App and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information collected from a child under 13, please contact us at .

The Apps may contain links to and from third party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

7. UPDATES TO THIS POLICY

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page.

8. CONTACTING US

If you have questions about this Policy, please contact us at or by writing to us at: 916 Silver Spur Road, #310, Rolling Hills Estates, CA 90274 USA

If you are a law enforcement agency, federal investigator, or other authorized party attempting to serve Flipagram with legal process, such as a subpoena, you may send all pertinent information to: . We will respond promptly to valid requests sent to this address.

9. LAST REVISION DATE

This Policy was last revised on, and effective as of, 12/29/16