FlippBidd

TERMS & CONDITIONS

Date of last effective update is January 5, 2021.

INTRODUCTION AND SCOPE

Welcome to FlibbBidd Inc. Please understand and acknowledge that your access to and use of our website/app, its contents, other services, and any information in whatever manner associated with and/or related to this website/app is dependent upon your full acceptance of these terms and conditions as hereinafter detailed.

If you do not agree with any of our terms, you must stop using this website/app immediately.

You understand that we at any time at our sole discretion may revise, amend, or completely change these terms and conditions even without any prior notice to users. We will however indicate date last updated at the top center of this page. Your use of the website/app after any amendments are made shall be interpreted as your acceptance of the terms as amended.

The following terminology applies to our terms, Privacy Policy and other guidelines and agreements indicated by us from time to time: “client”, “user”, “you” and “your” refers to you, the person logged on this site/app and compliant to our terms and conditions; “ourselves”, “we”, “our” and “us”, refers to us and our parent and holding companies. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our client’s needs in respect of the provision of FlippBidd’s stated services, in accordance with and subject to prevailing applicable laws for our sale of goods.

Henceforth, by accessing this site/app, you are agreeing to be bound by these terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site/app. The materials contained in this site/app are protected by applicable copyright and trademark law.

HOW OUR WEBSITE/APP WORKS

FlippBidd provides an independent online service as a real estate networking website where realtors, renters, prospective buyers and sellers etc. can meet to exchange information relating to real estate properties, services and products. You however accept and agree that FlibbBidd Inc. acts as a platform for real estate enthusiasts to meet and share information, and does not by itself offer or provide real estate or realtor services.

SERVICE DISCLAIMER

You bear sole responsibility for your own professional, financial, legal and investment decisions. None of the information or recommendations made available by FlippBidd (if any) should be performed or otherwise undertook without previous consultation, counsel and clearance from your professional certified advisor.

You agree that your use of the site/app is thereto at your own risk, and it is your responsibility to maintain such liability, personal injury, damages and other insurance policies as you deem reasonably necessary.

The information contained within the site/apps and the services of FlippBidd is not intended to provide specific financial real estate, realtor, legal, accounting, banking or investment advice, nor the practice of any type of certified practice or profession whatsoever, for any individual or company, and should not be relied upon in that regard. Neither FlippBidd nor its affiliates are, legal, finance, real estate and/or accounting professionals; and nothing on this site/app should be misconstrued to mean otherwise.

LICENSE TO USE THE WEBSITE

We provide our website/app for use for persons who are 18 years old or older, and grant a limited, rescindable, nonassignable, nonexclusive, nonsublicensable license to access and use FlibbBidd inc. in agreement with all these terms and conditions.

All of our users are prohibited from providing FlippBidd with personally identifiable information of persons under the age of thirteen (13) without the consent of their parents or legal guardians. FlippBidd does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.

Our website/app and services are made available for use for users who are located in the US. We give no assurances that any service we provide is appropriate or otherwise available for use outside of the United States. Users from locations outside the United States link and use our website their own risk and are liable for compliance with all applicable local laws.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

Except otherwise explicitly stated, graphics, pictures, designs, icons, video clips, written materials and all other materials found on this website/app are copyrighted, trademarked, controlled or licensed by FlippBidd, its associates or by their corresponding creators. All such materials are protected by United States laws and international copyright laws.

For ease of understanding, ‘intellectual property rights’ shall mean any and 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 the United States and other applicable jurisdictions.

The FlippBidd name, our website/app, logos, page headers, button icons, scripts, and service names included in or made available through FlibbBidd Inc. are trademarks or trade dress of FlippBidd in the US and other countries.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in FlippBidd and/or the services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these terms, either in equity or through injunctive or other equitable relief.

USER ACCOUNTS

In order to use most sections of our website/app, we ask you to register for and then maintain an active personal user account. Doing so will require you to submit personal information such as name, contact and address information, phone number and age.

To continue to gain access to the FlippBidd website/app, you must maintain correct, honest, complete, and up to date information in your user account. We may restrict your access to the website/app partially or terminate it totally if your account information is erroneous, incomplete or untruthful.

You agree to be personally answerable for every activity that occurs under your FlippBidd account, and agree to preserve the privacy and security of your account username and password. You are to inform us immediately if you suspect that a third party has breached your account.

USER GENERATED CONTENT

Registered users of the FlippBidd website/app are permitted to upload their comments and other materials to the website/app. You certify that you are the sole proprietor of all user content uploaded by you and/or that you have all rights and licenses necessary to grant FlippBidd the license to your uploaded user content. You guarantee that such user content does not infringe, disregard or misappropriate a third party’s rights to publicity or privacy. Such user content must not result in the violation of any law or regulation.

You agree that while any user content provided by you remains your property, you grant FlibbBidd Inc. by an international, unlimited, irreversible, transferrable, royalty-free license, to use such content with the right to adapt, duplicate, sub-license, make derivative works of, openly show, publicly perform, distribute, and to otherwise use such user content without additional consent from you, notification to you, or compensation to you or any other entity.

ACCEPTABLE USE OF THE WEBSITE

Users represent that they know that the website/app is simply a platform to access information about real estate and connect with other FlippBidd users for the exchange of real estate information. Users hereby accept that information posted by other profiled users on their profiles are only an illustration of how they describe themselves, and users are not to assume that the information filled in any profile is genuine. FlippBidd will not be liable or chargeable for any fake profile uploaded by any user, and for damages, hurts and losses experienced by any other user in reliance upon that false information.

You agree that FlibbBidd Inc. is not in any way obligated to verify that user profiles are correct and not fake. We will not bear liability for the inaccuracy or invalidity of information on profiles.

You understand that other FlippBidd users will be able to view your user profile, and to connect with you. You also may view the profiles of other registered users FlippBidd as well. You agree that any uploads you make are done at your discretion, and that you divulge or reveal any sensitive information about yourself solely at your own risk.

We reserve the right (but are not obligated to) to assess user profiles periodically to amend and/or remove the entire profile or portions of it as we in our sole discretion deem fit.

We will under no situation be held liable for any loss, hurt or damage that may occur in connection or relating to users’ use of the website and any acquaintance or meetings they form and make from their use of the website.

Every user bears the responsibility for his/her conduct and activities on FlibbBidd Inc., including but not narrowed to all usernames and passwords, graphics, text, images, photographs, data, video, items, audio, and links uploaded and displayed on the website/app.

As a FlippBidd user, you must not allot, license, exhibit, make derivative works of, or sell content from FlibbBidd Inc., except with our prior written permission.

You are not to mirror, link to, or frame any part of the website/app and its services; or try to gain unlicensed access to or incapacitate any part of our website/app and related systems.

You are proscribed from removing any trademark, copyright or any other proprietary notice from any portion of our website/app.

You must not purposely introduce viruses, worms, Trojans, logic bombs or any other malicious or technologically harmful software to our website/app.

You may not interfere with any other person’s use of the site/app; and must not create, transfer or store electronic replicates of materials that are copyright-protected without the consent of the owner.

You may not transfer, allocate or allow any other person to use your account in any way.

You are not to ill use the FlippBidd website/app to harass or threaten other users of the website/app.

You may not send junk e-mail to other users; use the website/app to disseminate content that encourages criminal offenses; or ill-use any part of the website/app for any illegal purposes.

You may not transmit or post any information, picture or any other material, which in the rational opinion of FlibbBidd Inc. is racist, sexually explicit, menacing, obnoxious, and/or libelous; and/or transmit or post any information, images or any other material, which in the sensible opinion of FlippBidd is capable of offending any other users’ religious or political beliefs.

If you are discovered to be in the breach of any of the provisions of this agreement, you will be held personally responsible for all legal costs and losses arising out of your breach.

Also, we may terminate your use of the FlippBidd website without any prior warning if you breach any of these terms.

CONTENT MODERATION

FlippBidd encourages users to report violations of our terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our services.

We do not initially filter, edit, publish or review any user generated content, comments, testimonials, reviews or analogous material prior to it being posted. Comments do not reflect the views and opinions of FlippBidd, its agents, and/or affiliates; but rather, they reflect the views and opinions of the person who posts his or her views and opinions. To the extent permitted by applicable laws, FlippBidd shall not be liable for the comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on our website/app. FlippBidd reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive, or cause breach of these terms.

You agree that we may moderate FlippBidd’s access to any visitor or user, at our sole discretion (e.g., by blocking (e.g., IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination). You agree: (i) not to bypass said moderation: (i) that we are not liable for moderating, not moderating, or representations as to moderating; and (iii) nothing we say or do waives our right to moderate, or not.

The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you provide to us via the services. Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our website/app and other third party websites, including search engines and social media sites. Not all content can be marked as private.

FlippBidd has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g., names, photos, posts, feedback, images, comments, questions, and other content) to determine compliance thereof, and to edit, refuse to post, or remove any material or content submitted to or posted on our services that we find to be in violation of our terms of Use or that is otherwise objectionable.

If you find any link on our website/app that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

You acknowledge and agree that FlippBidd shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the services or site. Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.

NO SPAM POLICY

We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our services or site, any and all massive delivery of unsolicited bulk communications to our users or to any third party.

Any commercial electronic communication that you receive from us, our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.

THIRD PARTY SITES

For user convenience only, we may provide third parties hyperlinks to other website/apps and resources on the FlippBidd. You are advised not to take the presence of such third party links as FlippBidd’s endorsement of the procedures, content, services and/or products of that linked website/app, except we specifically state so.

Your access to and use of such these websites and resources is at your personal risk, and we recommend that you always check third party website/apps’ terms, conditions and policies before using them.

DIGITAL MILLENNIUM COPYRIGHT ACT (‘DMCA’) NOTICE

In compliance with the DMCA, we inform you that FlibbBidd Inc. is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the website/app, which you may contact by email. You can review the current DMCA text at the U.S. Copyright Office website.

FlippBidd takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the website/app upon due notice and request by the title holder.

The following procedure will apply for any content displayed through the website/app that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with subject: "Takedown Request". Once received, FlippBidd will study and consider your claim and, if it believes or has reason to believe any content on the website/app infringes on another’s copyright, FlippBidd may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.

To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our website/app and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.

NO ENDORSEMENT

The images, texts, posts, information, photographs and other content and media displayed on or through the site/app are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete control. Some or all of the images shown in the website/app are licensed and/or purchased stock photos and are only shown for illustration purposes. Some or all of the content displayed in the site/app is provided by external third parties, and does not reflect FlippBidd’s opinions, nor does FlippBidd, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

LIMITATION OF LIABILITY AND DISCLAIMER

The FlippBidd website/app is provided only on an “as is” basis. We make no representations or give any assurances that it will meet your requirements or expectations. We make no representations of any kind, direct or otherwise, regarding the operation of the website/app or regarding the user profiles, content, information, or other materials displayed on the website/app.

We explicitly disclaim all warranties, direct or implied (counting, but not reserved to implied warranties of fitness for a particular purpose, suitability, and/or merchantability) to the total extent allowable by relevant law. FlippBidd shall bear not be liable for any loss, hurt or damage (whether direct, ancillary, associated, disciplinary, or comprehensive) in connection with any user’s use of the FlippBidd site.

In no event shall FlippBidd, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the site/app or any services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not FlippBidd, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

We will not be answerable to you or any third party for any adverse circumstance brought about by events that are beyond our control that may cause our services to be disrupted, late, or degraded; any losses, hurts, or damages of any kind as a result of using FlibbBidd Inc.

We will not have any duty to you or any other person for any unforeseeable disasters or harms. FlippBidd will not under any circumstances be responsible for any harm, hurts or damages suffered by users who use this website/app to meet with other users.

Nothing included in this agreement is intended to exclude or limit any legal responsibility for injury or death arising from our deception, carelessness, or any other liability which may not be exempted or limited by law, or that is aimed at affecting your statutory rights as a consumer.

If a user suffers loss or damage as a result of FlippBidd’s negligence or failure to comply with these terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by the customer, whichever is less.

Should certain applicable law not allow the limitation of liability set forth above, this limitation of liability will not be applicable to you.

INDEMNITY

You agree to defend and indemnify FlippBidd, its subsidiaries and associates, their officers, executives, and agents, not guilty from and free from any claims, damages, liabilities, compensations, and expenses, such as but not limited to, accounting fees and reasonable legal, related in any way with your use of the FlippBidd website/app and services or your breach of these terms.

MISCELANEOUS TERMS

Assignment. This agreement will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved.

Binding Agreement. These terms supersede all prior agreements arrangements and understandings between the parties hereto and constitute the entire agreement between the parties relating to the subject matter hereof.

Advertising, Opt-out. We may support the site/app and our services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the site/app, and the nature and extent of such advertising by us is subject to change without prior notice.

Force Majeure. FlippBidd is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond FlippBidd’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Headings. The titles of paragraphs in the sections of this document are shown only for ease of reference and will not affect any interpretation therefrom.

Entire Agreement. This agreement represents the full agreement between you and FlibbBidd Inc. If any provision of this agreement is held b y any capable US court or authority to be invalid in part or fully, the validity of the other provisions of this agreement and the residue of the affected term shall be unaffected and remain effective.

Equitable remedies: You hereby acknowledge and agree that if these terms are not specifically enforced, FlippBidd will be irreparably damaged, and therefore you agree that FlippBidd shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these terms, in addition to any other available remedies.

Governing Language. From time to time, these terms may be translated into other languages for your convenience. The English version shall be the version that prevails and governs your use of the website/app. Upon the case of any conflict between the English version and any translated version, the English version will prevail.

Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Newsletters. The site may allow you to create and/or subscribe to a newsletter service, which may be provided by us or through an authorized third party. As a user, you will receive a conspicuous communication indicating subscription therefore and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe,you will find ‘unsubscribe’ and similar links on our electronic communications and also in your account preferences.

No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

Privacy. By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.

Representations and Warranties: You hereby represent and warrant that: (i) you agree and oblige to comply with all applicable laws, rules and regulations applicable to the use of website/app; and (ii) you will not use website/app to infringe any intellectual property rights of any third party.

Severability. If any provision of these terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Relationship. You and FlippBidd are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these terms.

No Waiver. Failure by FlippBidd to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof

CHOICE OF LAW

In all respects and regards, these terms and conditions are construed and governed by the laws of the State of New York, United States of America.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in Floral Park, New York.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

If you have any questions or queries about us, the website, the app, our services or these terms, please contact us at:

flippbidd@gmail.com