Thanks for using our products and services including www.Fliphound.com and any of its subdomains (“Services”). The Services are provided by Fliphound, LLC and its affiliated companies (“Fliphound”, “we”, “us” or “our”).

By using our Services from time to time, it is presumed that you have read through these Terms and Conditions and failure to do so shall be a complete bar on any and all claims in law or equity that you bring against Fliphound for any reason whatsoever - please read them carefully. Your acceptance of these Terms and Conditions (this “Agreement”) is an electronically binding agreement upon you and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement. If you do not accept these Terms and Conditions, please do not register for or participate in using the Services offered by and through Fliphound.

As used in this Agreement, “you” or “User” means both (a) the individual now registering as a user of the Services or an existing user of the Services now agreeing to this Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.

Our Services are diverse, so sometimes additional terms or product requirements may apply. Some Fliphound Services such as Board Owner Enrollment and Listing Agreement may have additional or other terms that we provide to you when you use these and other Services. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. If you do not have the authority to enter into payment agreements on behalf of yourself or your company, do not accept these Terms and Conditions.

Privacy and Your Personal Information

For information about Fliphound’s data protection practices, please read Fliphound’s Privacy Policy, which is hereby incorporated into these Terms and Conditions. This Policy explains how Fliphound treats your personal information when you access the Site and use the Services provided. The Policy may be updated from time to time in our discretion. Changes will be effective upon their being posted to the Site

Services

Fliphound (www.Fliphound.com) is an automated on-line selling and buying platform for billboards, media owners and other related products or services.

We provide a variety options and flexibility to advertisers. Advertisers can buy guaranteed impressions and set up campaigns using the packages and contracting functionality. Real-time bidding allows advertisers to bid for inventory and execute campaigns on demand in real- time. Each buying option, provides functionality previously not available to advertisers.

Fliphound allows advertisers, media buyers or agencies for themselves or on behalf of their clients or individual users (“Buyers”) to plan and search for inventory or media inventory, build campaigns, obtain pricing information, create and upload artwork, make payments, execute media buys and monitor campaign effectiveness in real-time.

Fliphound allows media, billboard, board owners, other media owners or third parties that have exclusive representation rights (“Sellers”) to list, market and sell their media and inventory on-line. All Sellers who sell media assets and billboard ads will be required to execute a Board Owner Enrollment and Listing Agreement to use Fliphound Services that lists each party’s obligations. Fliphound may offer additional Services to Buyers and Sellers directly or via third parties that may be subject to additional costs and terms and those additional terms become part of your agreement with us if you use those Services.

Buyers will be responsible for providing certain information required to buy and display advertising using Fliphound including but not limited to name, address, cell phone, and credit card information. Sellers will be responsible for providing certain information required to list and enable each asset or billboard for Fliphound Services including but not limited to contact, location, size, pricing, product information, and technical requirements for your billboard or scheduling system.

Fliphound may provide certain creative services to advertisers and Buyers and help them prepare content for display on Sellers billboards or assets. In certain cases, Sellers will be required to work with Fliphound to ensure such ads are displayed appropriately. Buyers shall prepare materials in accordance with technical specifications outlined in Fliphound.

In addition, Buyers, Sellers or registered users may communicate with other users on Fliphound or post information requests, text, graphics, pictures and other content on Fliphound.

Fliphound is a venue or third party partner for Buyers and Sellers that enables automated sales of advertising inventory and provides other services facilitating transactions between both parties. We provide a payment and collection mechanism for the sale of such Services. We make every effort to qualify Users but we make no representation, and give you no assurance, that:

• The persons using Fliphound (a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts.
• A Seller enabling Services or items on Fliphound will be able to or will complete the sale of the service or item or deliver the item or service to the buyer, or that a Buyer is able to or will complete the purchase of an service or item from a Seller.
• A Seller has truthfully and accurately described an Item placed on the Site.
• An service or item listed for sale on Fliphound exists, or is (a) of any particular quality, (b) non-infringing with regard to the intellectual property rights of any person or entity, or (c) that an service or item may be legally sold by the Seller.
• The sale of a service or item complies with any or all applicable legal requirements for the sale of that service or item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales, or the sale of any Services or item(s).

Both Sellers and Buyers represent and warrant that all information given to us (including your name, address and other information associated with your and all information communicated to other users of Fliphound or the site, whether in a listing or a posting, is true, accurate, up-to-date and not misleading.

Falsely registering as a Buyer and/or gaining access to, using or sharing information not for these purposes is forbidden and will result in suspension or termination from the Fliphound system by Fliphound. Buyers who request and receive planning information, RFI’s or RFP’s and/or place media order or execute media buys do so with the intent to use it solely for their or their clients’ advertising purposes. If approved for access to the planning and buying service, you agree that upon requesting and receiving media proposals that any further communication, negotiation or agreement regarding those proposals obtained through the service will be continued through the Fliphound system. In the event that agreement to purchase or order the listings in the proposals is reached, you agree to place the order through the Fliphound system.

We have the right, but not the obligation, to monitor, edit, refuse to post or remove any listing or posting from Fliphound, in our discretion. Notwithstanding this right, we are not responsible for the content of listings or postings posted by Buyers, Sellers, and Users. Monitoring of postings and listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.

Fliphound does not guarantee the price, terms, product, availability or services offered or provided by any third party until it is agreed to electronically. Fliphound is not legally responsible for, and does not warrant, represent or guarantee any goods, services, information, or otherwise provided by third parties. If you should have a dispute with a third party, Fliphound is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.

Using Our Services

You must follow any policies made available to you within the Services.

If Fliphound suspects you of misusing our Services or terms or policies, taking any actions that we perceive could adversely affect Fliphound’s business or violating any laws or regulations, we may suspend or stop providing our Services to you and your company.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use, remove or alter any branding or logos used in our Services.

Our Services display some content that is not Fliphound’s. This content is the sole responsibility of the entity that makes it available. We review content to determine whether it is acceptable, readable, appropriate, or violates our policies, and we may remove or refuse to display content that we reasonably believe is inappropriate or violates our policies or the law. In addition, we will review content restrictions provided by board or media owners. In most cases, where we deny content Fliphound alerts the Buyer via email.

Fliphound may send you service announcements, administrative messages, and other information to improve user experience and users may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying driving or safety laws.

Fliphound and other Fliphound.com names and logos and all related product and service names, design marks and slogans used on Fliphound are the trademarks or service marks of Fliphound LLC or its affiliates. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.

You may not use meta tags or other hidden text utilizing Fliphound’s name or trademarks without the express prior written consent of Fliphound.com.

Your Fliphound Account

You may need a Fliphound Account in order to use some of our Services. You may create your own Fliphound Account, or your Fliphound Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Fliphound Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

Both Buyers and Seller require Fliphound accounts.

By registering for an account or using the Services, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Services.

We reserve the right to reject your user registration by disabling your Fliphound Account. Even after acceptance, we may terminate or suspend your account and ability to use the Services in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users’ legal liability, harm or loss, we reserve the right to notify other users of your actions.

To protect your Fliphound Account, keep your password confidential. You are responsible for the activity that happens on or through your Fliphound Account. Try not to reuse your Fliphound Account password on third-party applications. If you learn of any unauthorized use of your password or Fliphound Account please contact us via email support@fliphound.com.

Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: (1) discontinue use of the Services; (2) terminate your account; and (3) notify us of termination. You may terminate this Agreement and your account with us only if you do not have active or pending transactions on Fliphound. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year or as determined by Fliphound. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your user information or transaction history.

Privacy and Copyright Protection

Fliphound’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Fliphound can use such data in accordance with our privacy policies.

Fliphound complies with the provisions of the Digital Millennium Copyright Act (the “DMCA”) as applicable to Internet service providers (17 U.S.C. § 512, as such may be amended from time to time). If you reasonably and in good faith believe that your work has been copied, imitated or improperly used in violation of the federal copyright laws and has been posted Fliphound, please provide Fliphound with all of the following information in writing:

1. Electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest;
2. Description of the copyrighted work that you claim has been infringed upon;
3. Description of where the material that you claim is infringing your copyrighted material is located;
4. Your address, telephone, cell phone and email address so that we can contact you if necessary;
5. A statement by you that you have a reasonable, good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. A statement by you made under penalty of perjury, that the above information in your notice to Fliphound is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Before sending a notice to Fliphound, you should confirm that you are the rightful copyright owner or have the lawful rights to the copyright which the DMCA requires. Failure to include all of the information requested herein may result in a delay or failure to review your claim.

Your Content in Our Services

Certain Fliphound Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through our Services, you give Fliphound (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, post, publish, publicly perform, publicly display and distribute such content.

The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a billboard listing you have added to our listing directory). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You may not post or display any content that would cause us or you to violate any applicable law, statute, ordinance or regulation. Your content or posting may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.

Our automated systems analyze your content to provide you personally relevant product features, such as customized promotions, User tips, and for security purposes including spam and malware detection. This analysis occurs as the content is sent, received, uploaded, and when it is stored. All content for loaded by a Buyer display on Seller’s assets is reviewed visually and approved by Fliphound before it is allowed to be displayed on any media asset. Fliphound assumes no responsibility for typographical errors in on enrollment or listing information or any advertising display ads that are displayed on operator or board owner billboard or screens.

If you have a Fliphound Account, we may display your or you company profile name, photo, and actions you take on Fliphound or on third-party applications connected to your Fliphound Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Fliphound Account.

All reviews, comments, feedback, postcards, suggestions, feature requests, ideas and other submissions disclosed, submitted or offered (collectively, the "Comments") to Fliphound or otherwise disclosed, submitted or offered in connection with your use of the Services shall be and remain Fliphound property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.

About Software in Our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

All software used by Fliphound is the property of Fliphound.com or its licensors and suppliers and protected by U.S. and international copyright laws. The content and software on Fliphound may be used only as a resource for the marketing, sale and purchase of media and billboard advertising space and other related items and services. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Fliphound is strictly prohibited, except as provided for under other agreements

Fliphound gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Fliphound as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Fliphound, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Some software used in our Services may be offered under a third party or open source license that we will make available to you. There may be provisions in the third party or open source license that expressly override some of these terms.

Transactions on Fliphound

Users agree to pay applicable fees for using Fliphound and Services as outlined on the site, or in the Board Owner Enrollment and Listing Agreement - ALL FEES PAID TO US ARE NON-REFUNDABLE. You hereby agree that:

• Fliphound is deemed to have earned its Fee immediately upon the Buyer’s agreement to purchase the Services as indicated by buyer clicking the complete purchase or a similarly labeled button or action on the website.
• Payment for Services purchased on the Fliphound will be immediately charged against and collected from the payment method provided during registration.
• In the event the payment method provided during registration is no longer valid, notice will be provided to you of the same, and you will have 24 hours to provide an updated and/or substitute purchase method.
• A processing fee of $25 will be assessed on all transactions involving an invalid payment method.
• The failure to provide an updated/substitute payment method will result in the transaction being void. Notwithstanding the same, you will continue to be liable for the purchase of any charges or fees assessed against your account.
• All fees for Services purchased through the Fliphound shall be paid by check in advance, ACH direct payment or credit card or as otherwise agreed.

By placing a credit card or ACH direct payment account on file with us you authorize us to charge your card for any fees you accrue as a result of using Fliphound or Services. You authorize us to consolidate balances from any duplicate accounts you may have created on Fliphound and bill them to your credit card or ACH direct purchase account. You may revoke your authorization by sending us a written request to Fliphound, LLC, 216 N Mosley, Wichita, Kansas 67202. We may continue to bill your credit card or direct purchase account for any fees for any Services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear under the name “Fliphound, LLC” or “Fliphound.com.” or other Fliphound account name.

CANCELLATION: Cancellations must be made in writing to Fliphound for all fees, services and for real-time bidding or buying (RTB) before any transaction is completed. Once a transaction is completed no cancellations are accepted. Once a Buyer and Seller accept a package or fixed contract no cancellations are permitted and both parties will be responsible for honoring the agreed contract including payment or any “make goods.”

Fees and Costs

Fliphound is an automated buying and selling platform for media inventory, the Out-of-Home (OOH) industry and other displays.

Fliphound provides several options to Buyers and Sellers to execute ad buys and obtain services including but not limited to: packages, real-time bidding (RTB), contract purchases, and creative production. Buyers and Sellers can open free accounts on Fliphound. Seller can list their media assets and billboards on Fliphound for free.

Once a Buyers has opened a Fliphound Account he/she will have complete access to pricing, fees and costs for Fliphound Services. Buyers can do all of their planning, campaign scheduling, content management and execute contracts online subject to availability, pricing and other parameters.

Buyers are required to pre-fund their account or pre-pay for any services. Specific details about the how a transaction is executed or purchased are outlined within Fliphound.

All Sellers must execute or agree to a Board Owner Enrollment and Listing Agreement – this agreement provides more details on specific terms, conditions and obligations of Seller and Fliphound as well as any fees for facilitating and executing media buys and other processing costs

Sellers have multiple options available to them via Fliphound Services. For example, media or board owners can list their billboards or media inventory directly in Fliphound for free, giving them an immediate online presence and exposing these billboard(s) and assets to on-line Buyers. Each Seller will be required to upload or provide certain information about its inventory to list a billboard or an asset and when a buyer is interested in making an online purchase the board owner will be notified automatically or other means.

Sellers who have listed their billboard(s) or assets in Fliphound will also have access to several levels of implementation for free that will enable Buyers to execute on-line transactions directly with you via Fliphound including: real-time bidding (buying) or RTB, package and contract buys.

Once enabled for Fliphound, Sellers can utilize a range of functionality to create new packages, integrate third party services, manage their Fliphound inventory availability and pricing in real time or utilize other Fliphound Services.

You agree that Fliphound bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through Fliphound by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, purchase, collection or remittance by you of any taxes relating to transactions conducted by Fliphound.

We may add, delete or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. All fees and costs, with the exception of creative services and other charges detailed in the Board Owner Enrollment and Listing Agreement will be available to you via Fliphound. It is your responsibility to agree to any fees or costs that may be incurred before you engage in a transaction. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all applicable taxes and for any and all hardware, software, service and other costs you incur when you use Fliphound Services or our site. ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether or not the Service or item sells.

Modifying and Terminating Our Services

Fliphound is constantly changing and improving our Services. Fliphound expressly reserves the right to add, modify, or discontinue functionalities or features, and we may suspend or stop a Service altogether with or without notice.

You can stop using our Services at any time, although we’ll be sorry to see you go. Fliphound may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Fliphound shall not be liable to you or any third party should Fliphound exercise it express to modify or discontinue the Services or any portion thereof

Our Warranties and Disclaimers

Fliphound provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER FLIPHOUND NOR ITS PARTNERS OR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

WE DO NOT WARRANT THAT THE FLIPHOUND OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON FLIPHOUND OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF FLIPHOUND.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for Our Services

WHEN PERMITTED BY LAW, FLIPHOUND, ITS AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “FLIPHOUND PARTIES”) AND FLIPHOUND’S PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FLIPHOUND PARTIES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES FLIPHOUND SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00 (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, FLIPHOUND PARTIES, AND ITS PARTNERS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Indemnification

You shall indemnify, defend and hold the FLIPHOUND PARTIES harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by an FLIPHOUND PARTY in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in: (a) any breach or violation of this Agreement, (b) any use of the Service or site, (c) a dispute with another User, (d) any violation of any applicable law or regulation governing Your activities on or off of the Fliphound or the site, or (e) the infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Business Uses of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify FLIPHOUND PARTIES s from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About These Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Fliphound and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Kansas U.S.A., excluding Kansas’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.

All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Sedgwick County, Kansas, USA, and you and Fliphound consent to personal jurisdiction in those courts; and you expressly waive any objection that you may have now or in the future to the laying of the venue, or the jurisdiction of any such court over you or your use of Fliphound and its Services. Notwithstanding the foregoing, Fliphound, LLC reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this Agreement or your use of the website or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, Fliphound, LLC shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.

System Abuse and Feedback

1. Refusal of Service and Indemnification. We reserve the right to refuse service to anyone. We will exercise this right with buyers who fail to complete any transaction, and with sellers who list Services and items and fail to sell or deliver such services it to the buyer. If you are found to have engaged in any abusive or fraudulent activity in connection with the site or Fliphound, we may terminate your account. You are liable for and must indemnify, defend and hold us harmless from all claims, losses, damages, liabilities, judgments and fees, and pay any costs incurred by us for your misuse of the Fliphound or for your violation of any the Agreement including but not limited to the amounts of third party claims against us, our actual attorneys’ fees and collection costs, and our fees incurred for any Items you win but fail to pay for or any Services or items on which you place false bids, as well as the cost of our time spent in resolving deliberate rules violations.

2. Buyer’s Protection/Dispute Resolution. We may provide a feedback system where Buyers and Sellers can publicly post their experiences with each other. Before purchasing Services or items or placing a request to buy Services or items, a Buyer should check the Seller’s feedback to see how the Seller has handled himself/herself in past transactions. All complaints about a Buyer or a Seller in connection with a sale must be addressed through either the feedback system or through Fliphound support or the resolving problems section of the site. Fliphound will review such disputes but will not arbitrate disputes or arguments between Users.

3. Feedback. We may enable User feedback. Feedback may only be posted between the Buyer and Seller after a transaction has been consummated. Feedback is associated with a specific Service or item purchased or sold and must pertain specifically to that transaction. If you submit feedback, make sure that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transaction(s); be careful not to submit feedback hastily and in anger. Do not take any actions that would undermine the integrity of the feedback system, including posting good feedback to artificially improve another User’s rating or posting false bad feedback to damage another User’s rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behavior, your account may be suspended or permanently terminated. Fliphound is not responsible for the information posted by a User in the feedback system. It is not our responsibility to determine the “truthfulness” of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any User-posted feedback at any time for any reason.

4. User-Generated Content. We are not responsible for user-generated content such as postings, listings, feedback, pictures, etc. You are solely responsible for any information that you post to this Fliphound. If you post information that is libelous, slanderous, violates any law or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.

5. Site or Platform Abuse. You are prohibited from violating or attempting to violate the security of Fliphound or the site or affiliated sites, or otherwise abusing the site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Fliphound or the site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services via Fliphound or the site, or obtain other user information from the site in order to do so; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any device, software or routine to interfere or attempt to interfere with the proper working of Fliphound or the site or any activity being conducted on Fliphound or bypass any measures used to restrict access to the site; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the site other than the search engine and search agents available from Fliphound on the site and other than generally available to third party web browsers; or (h) collecting information about other users without their consent. Violations of system or network security may result in civil or criminal liability are not responsible for user-generated content such as postings, listings, feedback, pictures,

Scheduled Maintenance/System Downtime

We reserve the hours between 1:00 am and 6:00 am (Central Standard Time) for system maintenance and will provide maintenance at other hours as we deem necessary. This may or may not cause system downtime. In the event certain Services are disrupted ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made in our discretion.

Technical Difficulties

We are not responsible for transactions not being processed or not being accepted due to technical difficulties.

Fliphound Privacy Policy

When you use Fliphound services, you trust us with your information. This Privacy Policy is meant to help you to understand what kinds of information we collect, what we do with it and choices we offer to access and update information. Please review it carefully. Fliphound allows users to manage your information and protect your privacy and security under your account settings.

There are several ways you can use our services – to buy and sell advertising, to market to or communicate with your customers, and to create content. When you share information with us, for example creating a Fliphound Account or build a campaign, we strive to make those services even better – to show you relevant billboard locations, special opportunities and sales, help you connect with new advertisers, implement promotions or make sharing information with others quicker and more relevant.

Your privacy matters to Fliphound so whether you are new to Fliphound or a long-time user, please take the time to get to know our practices – and if you have any questions please contact us

The following discloses Fliphound information gathering and dissemination practices for this website. As used in this Privacy Policy, “we”, “us”, and “our” refers to Fliphound LLC, and its affiliated group of companies, and the “Site” refers to www.Fliphound.com, its subdomains and any other website on which this Privacy Policy appears.

General

As used in this Privacy Policy, “personal information” means information that may be used to identify a specific individual, or that is about an identifiable individual or business, including but not limited to name, email address, phone number or credit card number. “Aggregate information” refers to combined demographic information which has been derived from personal information but which cannot be reasonably used to identify any individual.

Information We Collect and How We Use It

You can visit Fliphound and learn about the services we provide without providing personal information. However, you do need to provide personal information to sell, purchase or bid on items. We do not collect any personal information on Fliphound unless you provide it voluntarily. However, certain non-personally identifiable information, such as IP address, is collected automatically from every Site visitor, even if not voluntarily provided.

We collect and use personal information in the specific ways listed below, and generally to improve Fliphound and services to you, as well as to meet our legal obligations. We also use personal information you provide for other purposes consistent with the reason you provide such information to us.

We collect information in the following ways:

Information you give us. For example, many of our services require you to sign up for a Fliphound Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card to store with your account.

• Information we get from your use of our services.
We collect information about the services that you use and how you use them, like when you regularly use an ad or buy a board, visit a website that uses our advertising services, or view and interact with Fliphound and our content. This information includes:
• Device Information: We collect device-specific information from our site and other third party partners (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Fliphound may associate your device identifiers or phone number with your Fliphound Account
• Login Information: When you use our services or view content provided by Fliphound, we automatically collect and store certain information in server logs. This includes: details on how of how you use our service, such what features you use most or queries you make; log information like your play list, bidding data, phone number, forwarding numbers, time and date of availability and SMS routing information; Internet protocol addresses; device event information such as crashes, system activities, hardware settings. Browser type, date and time of your request and referral URL; and cookies that may uniquely identify your browser, other identifier or your Fliphound Account.
• Location information. When you use Fliphound services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Fliphound with information on nearby devices, Wi-Fi access points, billboards and cell towers.
• Unique application numbers. Certain services include a unique application number. This number and information about your usage and installation (for example, on our mobile app the operating system type and application version number) may be sent to Fliphound when you register, enable, install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
• Local Storage. When collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
• Cookies and similar technologies. Fliphound and its partners use various technologies to collect and store information when you visit a Fliphound service, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services we offer to use internally and with our partners, such as buying behavior or feature usage or usage of third party products or services. Our product helps advertiser implement effective ad campaigns and media owners sell more services.

Information we collect when you are signed in to Fliphound, in addition to information we obtain about you from partners, may be associated with your Fliphound Account. When information is associated with your Fliphound Account, we treat it as personal information. For more information about how you can access, manage or delete information that is associated with your Fliphound Account, see you user settings.

We use information internally to customize your experience with Fliphound, to help us develop new products and services, to verify your identity, to collect debts owed to us, or to investigate or settle inquiries or disputes, and for other legally required or permissible purposes. We also use this information to generated marketing, promotion and informative emails based on user actions (such as registration information, confirmation of placing a bid, confirmation of listing an item or the user’s choice to subscribe to certain communications), or as necessary to inform you of changes to the Fliphound or events related to the site or changes to the terms and conditions or policies.

How We Share Your Information

We do not share your sensitive personal information collected from Fliphound to non-affiliated third parties unless you have opted in to such sharing. However, we may share your personal information submitted to Fliphound among other members of our affiliated group of companies, who may use that information only to the extent consistent with the policies described in this Privacy Policy.

Other than as described in the paragraph above or as specifically described elsewhere in this Privacy Policy, we will not share your sensitive personal information collected on Fliphound with third parties without your permission, except as necessary or appropriate to (i) for external processing to carry out the transaction, activity or request made by you on Fliphound, (ii) comply with any applicable law, court order or other judicial process, or (iii) enforce or apply agreements with you, or protect the rights, property or safety of us or third parties, or as otherwise required or permitted by law.

If you Fliphound Account is managed for you by an administrator or third-party (for example, an advertising agency or media buyer or SEO company) then your administrator or the third party or resellers who provide user support to your organization will have access to your Fliphound Account information (including your email and other data). Your administrator or designated administrator may be able to:

• View statistics regarding your account, like statistics regarding applications you install.
• Change your account password review or restrict your ability to delete or edit information or privacy settings.
• Suspend or terminate your account access.
• Access or retain information stored as part of your account.
• Receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.

Please refer to your domain administrator’s privacy policy for more information.

In the event of a corporate transaction such as a sale, merger or reorganization or in the unlikely event of a bankruptcy or similar restructuring involving all or a portion of Fliphound, LLC, or a sale or transfer of assets, we reserve the right to disclose or transfer your personal information to non-affiliated third party acquiring company (ies) and other third parties. In the event of such a sale or transfer, we will use reasonable efforts to direct the transferee(s) to use personal information you have provided in a manner that is consistent with this Privacy Policy.

We do not share your sensitive personal information with any third parties for such third parties’ marketing purposes, unless you have opted into such sharing. Notwithstanding the foregoing, we may collect, sell and share aggregate data and non-sensitive data on users and usage with third parties. For example, we may share non-personally identifiable information publicly and with our partners – like media owners, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

Children’s Privacy

Fliphound is not intended for or directed to persons less than 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our services to children. If you are under 13 years of age, do not use Fliphound.

For Persons Outside the United States

By consenting to this Privacy Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein. You agree that by using the Fliphound, your personal data will be transferred to Fliphound and its servers located in the United States in connection with the purposes stated in this Privacy Policy. You understand that the laws with respect to the protection of personal data in the United States may not be as stringent as those in your home jurisdiction.

Security

We work hard to protect Fliphound and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular

• We encrypt many of our services using SSL;
• We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
• We restrict access to personal information to Fliphound employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Fliphound has reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your personal information during transmission, we cannot ensure or warrant the security of any information you transmit to us or receive from us. We urge you to take steps to keep your personal information safe (including your account password), log out of your account after use and close your web browser.

When this Privacy Policy Applies

Our Privacy Policy applies to all of the services offered by Fliphound, LLC and its affiliates, including Atomic Enterprises, Inc., services Fliphound provides via applications on mobile devices, and services offered on other sites (such as our advertising services), but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, sites that may include Fliphound services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Other Sites

Fliphound may contain links to the websites of third parties. We are not responsible for and have no liability for the privacy policies or practices of those websites. We recommend that you review the privacy policies of each website you visit.

Acceptance of Privacy Policy

By using our Fliphound and its Services, you signify your acceptance of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not submit any personal information to us.

Contacting Us

If you choose to visit the use Fliphound, visit our site and any dispute over privacy are subject to this Privacy Policy and our User Agreement, including limitations on damages to the extent permitted by law, resolution of dispute procedures and application of the law of the State of Kansas as set forth in this Agreement.

If you have any concern about the privacy practices of the Fliphound or the site, please contact us at following address with a detailed description, and we will try to resolve it.

Privacy Issues
Fliphound, LLC
216 North Mosley
Suite 200
Wichita, Kansas 67207

Compliance and Cooperation with Regulatory Authorities

We regularly review our compliance with our Privacy Policy. We also adhere to several self-regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes to Privacy Policy

Please check this Privacy Policy periodically to inform yourself of any changes. We reserve the right to modify this Privacy Policy at any time, so you should review it frequently. If we make material changes to this Privacy Policy, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes).

Effective Date: September 16, 2015.