Terms of Service
Last Updated: Oct 6th, 2019
1. Platform for Interior and Landscape Designing Ideas
You understand that the Service is a platform enabling people seeking interior and landscape design services (“Clients” or “Users”) to get ideas from free interior and landscape designs and associated shopping lists. Users can choose items from the shopping list(s) to buy them from respective merchants; for which merchant’s Conditions of Use apply. User may choose to get custom design ideas from designer(s) showcasing designs and expertise on flipNook. At this stage flipNook will only facilitate the direct communication between users and the designers; flipNook will not be responsible for any custom designs discussions.
2. Details of Services
flipNook provides interior and landscape design services that allow its Clients to visualise furniture, furnishings and accessories within the context of space. Designers on flipNook can help users in creating customised designs online or in person. At this stage flipNook will only facilitate the direct communication between users and the designers; flipNook will not be responsible for any custom designs discussions that take place on flipNook Community or messaging. As more fully described on the Site, flipNook offers the following Services:
Enables designers to showcase their expertise via designs, associated shopping lists and blogs that is available to users at no cost
Offers users means to review free design and designer ratings available on flipNook; to choose to buy items from associated shopping lists; to choose to get custom design help from the designers. Users and designers must communicate via flipNook messaging. flipNook holds no responsibly for the custom design projects, we just facilitate the communication.
Allows users and designers to share questions, ideas etc to help each other on flipNook Community
Product image shown, to give design idea to homeowner and to showcase merchant item, is solely a property of the merchant as per merchant T&C.
Any price mentioned against the merchant item is tentative. To know the exact item price, visit merchant website.
flipNook.com is a participant in merchant affiliate programs and earns advertizing fees by linking items to merchant websites.
To offer homeowners a cohesive shopping list for design ideas and to explain a concept, flipNook.com also shows items of merchants it does not earn advertizing fees from. This is solely done to bring value to the homeowners and the merchants.
Eligibility to use the Webite or the App or the Service: If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind the entity to flipNook’s EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity. You must be over the age of 18 to use the site and our Service. No part of the Service is directed to persons under the age of 18. If you are under 18 years of age, please do not use or access the service at any time or in any manner. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access the site and use the Service.
Right to Change or Update the EULA: We may revise the EULA at any time to ensure that they comply with applicable law and remain consistent with our services and operations, by posting an updated version. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to anyone. You should visit this page regularly to review the most current EULA, because you are bound by it. Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the updated EULA.
Third Party Fees: Your may incur third party fees through use of the Service, such as fees charged by your merchant for delivery, carrier for data usage etc. In addition, you may be subject to third party terms, through your use of the Service; for example terms of service of the merchant you are buying the shopping list item from. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
3. Scope of License to Users
License Grant to You: The Service not sold, it is rather licensed to you for use only under the terms of this EULA. Subject to your complete and ongoing compliance with the terms and conditions of the EULA, flipNook hereby grants you revocable and non-transferable license to access and use the Website and the App, in both instances solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
Site Access and Usage: You are allowed to use the Site and applications only for Your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things or to violate any laws or legal rights of anyone else:
Copy (imitate or mirror), distribute, publish, download, publicly display, post or transmit any of the Content in any manner or format, and through any means now known or later developed
Make use of any Content available on the Site
Directly rent, lease, lend, sell, redistribute or sublicense the Service
Post advertising, marketing links or content
Create derivative works of any portion of the Service, any updates nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code underlying the Site and applications
Use any automated software or tools that are designed to extract and copy data such as bots, spiders, crawlers, or other similar data-mining/gathering/extraction methods on the Contents of or source code underlying the Site
Collect any information about users of the Site
Impersonate another person, or misrepresent Your affiliation with a person or entity
Access the Site from anywhere in the world where it is unlawful for You to do so
If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. We reserve the right, in our sole discretion, to terminate Your access and ability to use the Site without notice.
Applicability to Updates: The terms of the EULA will govern any updates provided to you by flipNook that replace and/or supplement the Website or App, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
4. Registration and Eligibility
Account Types and Registration: Anyone may browse the public facing pages of the Service, but to buy the shopping list items and participate in flipNook Community, message designers etc; the client must register.
Client: To become a flipNook Client, you must provide your name, email address, password and country. You can specify your interior decoration style preference in your profile or seek flipNook’s help in finding your style per your personality and preference.
Account Security: Your account is personal to you, and you may not share your account information with any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to the use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify flipNook by e-mailing firstname.lastname@example.org. You will be solely responsible for the losses incurred by flipNook and others due to any unauthorized use of your account.
Linked Websites/APIs: You may enable or log into the Service using various online third party services such as social media and social networking services like Facebook or Google ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the flipNook Service, we make your online experience richer and personalized. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by their policies and flipNook shall have no liability or responsibility for the privacy practices or other actions.
5. Your Content, You Conduct and License Grants from You
Your Content: If you are a Client, you will be able to create, post or share content such as pictures of your space, floor plans and household objects ("Client Content”). flipNook claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
Your Conduct: You must not use the website or the app in any way that causes or likely to cause the website or the app or the Service to be interrupted. You are responsible for all electronic communication and content sent from your account. You therefore must not use the website for fraudulent purpose; to send material that does not belong to you; to share content that is illegal, offensive, misleading abusive, harassing, obscene, breaches copyright, contains viruses or spam.
You Must Have Rights to the Content You Post: You represent and warrant that
you own Your Content or otherwise have the right to grant the license set forth in the EULA
the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person
the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all royalties, fees, and any other monies owing any person by reason of you posting Your Content on or through the Service. You also acknowledge and agree that Your Content is non-confidential and non-proprietary
6. Any communication through the Service
Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts such as spam. flipNook will utilize any means possible to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at email@example.com
7. Third Party Materials; flipNook Content
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties that includes other users ("Third Party Materials”) and flipNook (“flipNook Content” together with Third Party Materials, but excluding Your Content, "Service Content") that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that flipNook shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service and rely upon any Service Content accessible through the Service, at your sole risk.
8. Content and Intellectual Property Ownership
You may not copy or use any of the Content or Intellectual Property from the Site without flipNook’s prior written authorization. “Content” means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, designs, drawings, writing, iconography, animation and videos. All Content on the Site is the property of flipNook and/or third parties with whom flipNook has a relationship and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws. All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Site are the exclusive property of flipNook and are protected by applicable intellectual property laws. Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.
9. Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. flipNook may review and remove any of Your Content at any time for any reason including activity which in its sole judgment: violates the EULA and/or applicable laws, rules, regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.
10. flipNook’s Liability
Changes to the Service: We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes: We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service; including disputes with other users and designers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release flipNook of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve flipNook in such disputes. If you participate in an Installation, you are solely responsible for your interactions with other Users. You understand that flipNook does not currently conduct background checks, including criminal background checks, on its Users. flipNook makes no representations or warranties as to the conduct of Users. In no event will the Released Parties (as defined below) be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this Service or persons you meet through the Service. You agree to take reasonable precautions in all interactions with other users of the Service, particularly if you meet offline or in person you assume all risk when engaging. All users, including clients and designers, hereby expressly agree not to hold the Released Parties liable for any installation, instruction, advice or services delivered which originated through the Service and the Released Parties expressly disclaim any liability whatsoever for any damage, suites, claims and/or controversies that arise or related in any way to the Service, the information provided through the Service and the services provided by or to any user of the service.
Content Accuracy: We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites: The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service.
Termination: The EULA is effective until terminated by you or flipNook. Your rights under the EULA will terminate automatically without notice from flipNook if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein). You may terminate the EULA by uninstalling the App. Upon any termination of the EULA, you must immediately cease all use of the Service.
Disclaimer: “Released Parties" include flipNook and its affiliates, officers, employees, agents, partners, and licensors. You acknowledge and understand and agree that:
your use of the Service is at your sole risk and the Service is provided “as is” and on “as available” basis. The Released Parties expressly disclaim all warranties of any kind, whether express or implied including, but not limited to, warranties for products or services offered by businesses listed on the Service
The Released Parties make no warranty that the service will meet your requirements; the service will be uninterrupted, time, secure or error-free; the results that may be obtained from the user of the service, including data, will be accurate or reliable; the quality of any goods, data or service available on or through the Service will meet your expectations; and any errors in the Service will be corrected
Any material obtained through the user of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or less of data that results from the user of any such material.
While we have take precautions to avoid inaccuracies in the content and ensure good quality content is shown on the Website/Application, all the content, design, information, service, graphics are provided as is without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website or the Application.
Limitation of Liability: If you choose to use the Service, you understand and agree that you are accessing the Service at your risk and are using your best judgement before entering Into transactions with merchants through the Service. The Released Parties will not be liable to you for any direct, indirect, incidental, exemplary, special and/or consequential damages for loss of profits, goodwill, data, information or other intangible losses resulting from:
the use or the inability to use the Service
the procurement of substitute goods or services resulting from any goods, information or services obtained through the Service
unauthorized access to or alteration of your posts or information
statements or conduct of any user or third party on the Service
your reliance on content made available by us
Third Party Disputes: flipNook is not affiliated with any carrier, service provider or third party service and any dispute you have with any career, service provider or third party including without limitation any other user of the Service, is directly between you and such third party, and you irrevocably release the released parties from any Randall claims, demands and damages (actual and consequential) or every kind and nature, known and unknown, arising out of or in any way connected to such disputes.
Copyright Policy: flipNook LLC respect the intellectual property of others. If you believe that materials posted on the Service infringe your copyright, you may email flipNook at firstname.lastname@example.org requesting that material be removed or access to it blocked. The request must include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed
identification of the copyrighted work alleged to have been infringed
identification of the specific material alleged to be infringing or the subject of infringing activity to enable flipNook to locate the material on the Service
your name, address, telephone number, and email address
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
a statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
own, exclusively, all now known or later discovered rights to the Creative Ideas
not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas
be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person
12. flipNook Contact
The Website and the App are operated by flipNook LLC. You can contact flipNook LLC by e-mail at email@example.com