Terms and Conditions of Use

Flipgigs.com is an internet platform (hereinafter the “Website”) owned and operated by Flipgigs Inc., a Delaware corporation (“Flipgigs” or the “Company”). Flipgigs provides a marketplace which connects the student population directly with consumers/households and employers who post “gigs” and “jobs” on the site. By using the Website, you agree to be bound by the terms of this Agreement. Please read this Terms of Use and Service Agreement ("Agreement") in its entirety to become a user ("User") of the Flipgigs Website. As used in this Agreement, the terms “you”, “your” or “user” all refer to the person or entity that uses, becomes a member of, or accesses Flipgigs.

Acknowledgment and Acceptance of Terms of Use and Service Agreement

By registering with or using the Website, or submitting a “gig” ,”job” or “service” on the Website, you accept and agree to be bound by the terms of this Agreement. Please read this Agreement carefully. This Agreement incorporates by reference the Flipgigs’ Privacy Policy. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

You agree and understand that certain features of the Website may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing the Website shall constitute a breach of this Agreement. Flipgigs reserves the right to change this Agreement, and any additional terms at any time, effective upon making the modified provisions available on the Website or by notifying Users directly. Users are responsible for regularly reviewing this Agreement. Continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. Flipgigs does not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms.

Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the Website is not permitted by anyone under the age of 13. If you do not qualify, please do not use the Website. If you are under 18 years of age you must obtain your parent’s consent before using Flipgigs.

Definitions

The words and expressions below are used throughout this Agreement and where they are used they shall have the following meanings:

Consumer
A Consumer means any User of Flipgigs who posts a Gig on the Website.
Bid
A Bid means an offer from a Student Service Provider or “Flipgigger” to provide services in response to a “gig” posted which may or may not have a specified dollar amount.
Flipgigs
Flipgigs means Flipgigs, Inc., a Delaware corporation.
Student Service Provider
A Student Service Provider means a student who registers as such on Flipgigs and/or bids on offers to perform a particular service posted by a Consumer.
Flipgigger
A Flipgigger is a term that has been coined for a Student Service Provider and it has the same meaning. It means a student who registers as such on Flipgigs and/or bids on offers to perform a particular service posted by a Consumer.
Employer/Business
An Employer/Business is a company that is posting jobs on Flipgigs
Job
A Job means a posting made by an Employer for the purpose of hiring Student Service Providers or “Flipgigger”
Gig
A Gig means the descriptive request for service or work posted by a Consumer on the Website for the purposes of soliciting a bid or an offer from one or more Student Service Provider(s) or “Flipgigger”.
Profile
A Profile is a representation of a specific service that a Student Service Provider can offer to a Consumer on Flipgigs. Student Service Providers create Skill Profiles to indicate the service(s) they wish to offer to Consumers and to bid on gigs posted by Consumers.
User
A User is any Consumer and/or Service Provider that registers with Flipgigs and makes use of and/or benefits from the Website.
Website
The internet platform operated by Flipgigs for use in the United States which can currently be found at www.flipgigs.com.

Payment

Job Posting Fee.
Employers are charged a nominal flat fee to post a job listing.
Finder Fee
A flat Payment or the Finder Fee shall be charged to the Consumer at the time a bid made by a Student Service Provider is accepted by them. Please note that while the site is still in Beta , Consumers will not be charged any finder fees.

The Student Service Provider or “Flipgigger” will not be charged once their bid is accepted by the Consumer/Household.

Payments made to Flipgigs are generally non-refundable. By placing a credit card on file with us the Service Requester expressly authorizes us to charge their Credit Card when they accept a bid. By placing a credit card on file with us the Employer expressly authorizes us to charge their Credit Card when they accept a bid. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Subverting or exploiting the Flipgigs Marketplace

Flipgigs.com is a communications platform for enabling the connection between Consumers or individuals seeking student services and/or students seeking to provide services ("Flipgiggers" or “Student Service Providers”). Flipgigs.com does not take part in the interaction between Users. Flipgigs.com does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any services provided by “Student Service Providers” or “Flipgiggers”, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Flipgigs.com does not have control over the quality, timing or legality of Tasks delivered by “Student Service Providers” or “Flipgiggers’. Flipgigs.com makes no representations about the suitability, reliability, timeliness, or accuracy of the “Gig” and “Services” requested and provided by Users identified through the Service whether in public, private, or offline interactions.

When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER Flipgigs.COM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. Flipgigs.COM AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

Flipgigs does not review or verify the information posted by Student Service Providers or Consumers/Employers. Notwithstanding the foregoing, Flipgigs reserves the right to review Posts and Profiles and to delete any Content posted on the Profiles.

Relationship with Student Service Providers

Flipgigs is providing the Website only for purposes of connecting Student Service Providers or “Fipgiggers” with Consumers and Employers. YOU ACKNOWLEDGE AND AGREE THAT FLIPGIGS HAS NO LIABILITY FOR THE ACTION, OR INACTION, OF ANY STUDENT SERVICE PROVIDER AND THAT EXCEPT FOR THE LIMITED AUTHORIZATION PROVIDED ABOVE, THERE IS NO (A) EMPLOYMENT, (B) PART-TIME EMPLOYMENT, (C) CONSULTING, (D) CONTRACTOR, (E) JOINT VENTURE, OR (F) AGENCY RELATIONSHIP BETWEEN FLIPGIGS AND SERVICE PROVIDERS.

Consumers and Employers

Any User may Post a “Gig” or “Job” in accordance with the conditions of this Agreement with the intention of using the services of a Student Service Provider or “Flipgigger”. If a User is acting as a Consumer or an Employer, he or she must register as a User and be capable of entering into a legally binding contract under applicable Law. All Service Requests posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A “Gig” posted must be descriptive enough to allow a Student Service Provider or “Flipgigger” to ascertain the necessary details to submit a fully informed bid.

Your description of the “Gig” and “Job” must be truthful and accurate. Any “Gig” or “Job” posted on the Website (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

No Warranty or Endorsement

Flipgigs does not endorse or recommend the services of any Student Service Provider. It is entirely up to the Consumer or Employer to enter into a direct contract or otherwise reach agreement with a Student Service Provider or “Flipgigger”, and Flipgigs does not guarantee or warrant the Student Service Provider's performance on the job or the outcome or quality of the services performed. The Student Service Providers or “Flipgiggers” are not employees or agents of Flipgigs nor is Flipgigs an agent of Student Service Providers or “Flipgiggers”. Flipgigs does not perform, and is not responsible for, any of the Gigs posted by the Consumer or Jobs posted by Employers. Your use of the Website is at your sole risk. THE SERVICES OFFERED BY STUDENT SERVICE PROVIDERS OR “FLIPGIGGERS”ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Disputes

Flipgigs will not work to resolve any disputes between a User and a Student Service Provider or “Flipgigger” and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or related to conduct of Student Service Provider /“Flipgigger”or Users. In exchange for the privilege of accessing the Website, you further agree to release Flipgigs from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Service Providers or Users. If you are a California resident, you waive California Civil Code Section 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."

Termination of Account.

This Agreement will remain in full force and effect while you use the Website and/or are a User of Flipgigs. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to support@ Flipgigs.com. If you terminate your account, your account will be disabled within 14 days. Flipgigs may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to Flipgigs. Flipgigs is not required to provide you notice prior to terminating your account. Flipgigs is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.

Interactions and Transactions with Other Users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FLIPGIGS DOES NOT IN ANY WAY SCREEN ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. FLIPGIGS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY CONSUMER OR ITS ABILITY TO PAY A STUDENT SERVICE PROVIDER OR ANY SERVICE PROVIDER'S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER'S SERVICE REQUEST. YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROVIDERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU MUST ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY.

No Warranties

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, (A) FLIPGIGS DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT, AND (B) THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. FLIPGIGS CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, FLIPGIGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability.

In no event shall Flipgigs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if Flipgigs or a Flipgigs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, FLIPGIGS WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING PERSONAL INJURY OR DEATH OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. FLIPGIGS MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE.

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, FLIPGIGS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, FLIPGIGS USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE.

FLIPGIGS IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS.

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, FLIPGIGS DISCLAIMS ALL LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF A USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM SERVICES PERFORMED BY A STUDENT SERVICE PROVIDER OR A CONSUMER'S FAILURE TO PAY A STUDENT SERVICE PROVIDER FOR SERVICES RENDERED. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. YOU UNDERSTAND THAT FLIPGIGS MAKES NO GUARANTEES, WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.

Notwithstanding any provision herein, Flipgigs’ liability, if any, for losses or damages suffered due to any failure of the Website or other negligent or improper action on our part, shall not exceed the fees paid by you to us for the particular job post provided, not to exceed $10. In no event shall Flipgigs be liable to you for any losses or damages other than the amount referred to above.

If any part of this limitation does not apply to you, for any reason, then Flipgigs’ aggregate liability shall not exceed ($10) dollars in the aggregate.

Content on Website

Proprietary Rights
Flipgigs owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of Flipgigs, or that of its licensors. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

Copyright Policy

It is the policy of the Company to respect the intellectual property rights of others. All users of any part of the Website must comply with all applicable copyright laws. You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Flipgigs can remove any Content you post on the Website if it violates this statement.

Copyright owners who believe that their work has been infringed may send notification of the claimed infringement as specified below. Upon receipt of proper notice of the claimed infringement, the Company will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity, including those relating to hyperlinks, online directories, search engines and other information location tools. The Company will also comply with the requirements of 17 U.S.C. § 512(g) upon receipt of a counter notification that complies with the statutory requirements. Please allow at least three business days to process any complaint or counter notification. The Company will process these items as expeditiously as possible.

Please send notifications of alleged infringement under the DMCA to Flipgigs' Copyright Agent at: Attn: DMCA Complaints, Flipgigs, Inc., 274 Redwood Shores Parkway, Suite 404, Redwood City, CA 94065.

Notice Procedures for Copyright Owners
The following elements must be included in your copyright infringement claim:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Providing a URL in the body of an email is the best way to help us locate content quickly.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. Failure to include all of the above information may result in a delay of the processing of your claim.
Repeat Infringers
Under appropriate circumstances, the Company may restrict or terminate the accounts of its users who are repeat infringers. The Company will cooperate as needed and/or as legally required with copyright proprietors if it believes that a repeat infringer's infringing activity is both (a) persistent and (b) willful and/or for purposes of financial gain. Such cooperation may include, among other things, the release of otherwise private user information after appropriate notification to the user.
Liability for Knowing Representations
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.

Image Upload Terms Of Service

  1. You may only contribute photos that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.
  2. You warrant that you have permission from all persons appearing in your photos for you to make this contribution and grant rights described herein.
  3. You may not contribute photos that contain expressions of hate, abuse, offensive images or conduct, obscenity or pornography or any material that could give rise to any civil or criminal liability under applicable law or regulations.
  4. You may not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
  5. By uploading a photo, (a) you grant to Flipgigs a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photo and any material included in such photo; and (b) you certify that any person pictured in the submitted photograph (or, if a minor, his/her parent/guardian) authorizes Flipgigs to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photo and any material included in such photo; and (c) you agree to indemnify Flipgigs and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the photo and/or your failure to comply with these rules.

Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. Flipgigs does not warrant that any of the materials on its web site are accurate, complete, or current. Flipgigs may make changes to the materials contained on its web site at any time without notice. Flipgigs does not, however, make any commitment to update the materials.

Disclaimers

  1. Flipgigs is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. Flipgigs is not responsible for the conduct, whether online or offline, of any User of the Website.
  2. The materials on Flipgigs’ web site are provided "as is". Flipgigs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Flipgigs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Jurisdiction and Choice of Law

If there is any dispute arising out of the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in San Mateo County, for the resolution of any such dispute.

Indemnity by You

You agree to indemnify and hold Flipgigs its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or violation of this Agreement or any breach of your representations and warranties set forth above.