Terms of Service & Conditions
In using this website you are deemed to have read, accepted and agreed to the following Terms of Service and Conditions:
The following terminology applies to these Terms of Service and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person(s) accessing this website who willfully accept the Company’s Terms of Service and Conditions. "The Company", “Ourselves”, “We” and "Us", refers to Flip and Photos, any and all affiliates including officers and employees, the web-host, Squarespace Inc. and the author. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. 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 same.
By using this website, you accept these Terms of Service and Conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least eighteen  years of age to use this website. By using this website and by agreeing to these Terms of Service and Conditions you warrant and represent that you are at least eighteen  years of age.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
License to use website:
Unless otherwise stated, The Company and/or its licencors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, subject to the restrictions set out below and elsewhere in these Terms of Service and Conditions.
You must not do the following without prior written consent from The Company:
republish material from this website including republication on another website;
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, malware, Trojan horse, worm, keystroke logger, root-kit or any other malicious software.
You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without The Company’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without The Company’s express written consent.
Access to certain areas of this website may be restricted. The Company reserves the right to restrict access to other areas of this website, or indeed this entire website, at The Company’s discretion.
If The Company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The Company may disable your user ID and password in The Company’s sole discretion without notice or explanation.
In these Terms of Service and Conditions, your “user content” means material including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.
You grant to The Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Company the right to sub-license these rights, copyright, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or The Company or a third party. If it does, you are liable for any resulting damages and any costs associated with the remedy of such damages including without limitation any and all legal, court or collection costs.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any material submitted to this website, or stored on The Company servers, or hosted or published upon this website. This right does not remove the liability from any content you submit that may be illegal or unlawful, infringes any third party's legal rights, and/or be capable of giving rise to legal action whether against you or The Company or a third party.
Notwithstanding The Company’s rights under these Terms of Service and Conditions in relation to user content, The Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
The Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Company’s officers or employees or any other Series therein in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Company’s officers, employees, agents, subsidiaries, successors, assigns sub-contractors, and any other Series therein as well as The Company.
We are committed to protecting your privacy. Only authorized employees within The Company who are on a need to know basis use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate unauthorized actions against computer systems and data. The Company is not liable for data stolen or misused by independent third parties.
Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than those affiliated with The Company or if legally required to do so.
Disclaimer, Exclusions, and Limitations:
The information on this web site is provided on an "as is" basis without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
To the fullest extent permitted by law, The Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes any and all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages, damages to your reputation, assets, real property, investments, personal property, and well-being; and
The Company does not may any implied or expressed warranties or guarantees relating to this website and its content. You agree to indemnify and hold harmless The Company for any damages that may result from use of this website and the content contained therein; and
The Company makes no claims and does not represent or portray itself or the content contained therein as legal advice. You should seek the advice and legal counsil of an attorney regarding any legal matters before making a decision and taking action; and
The Company makes not claims and does not represent or portray itself or the content contained therein as a licensed contractor in any field, tax advisor, CPA, accountant, engineer, interior decorator, and a home or building inspector. You should see a professional or expert in the respective or proper field before making a decision and taking action; and
The Company does not warrant that the content will be constantly available, or available at all; and
The Company does not Warrant that the information on this website is complete, true, accurate or non-misleading.
Bankers Card, all major Credit/Debit Cards excluding American Express, are all acceptable methods of payment. Our Terms are payment must be made at time of purchase unless otherwise agreed upon in writing. All goods remain the property of The Company and are considered proprietary and cannot be distributed, duplicated or sold. Monies that remains outstanding by the due date will incur late payment interest at the rate of 3% per month until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid via collection Agencies and/or through the Small Claims Court and/or any other means necessary. You are responsible for any and all costs incurred by The Company to seek and recover and monies. Additionally, in such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are due in full immediately.
Termination of Agreements and Refunds Policy:
The Company has the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, may be refunded less any costs or damages incurred by The Company.
Unless otherwise stated, the services featured on this website are only available within the United States of America, or in relation to the United States of America. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of The Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.
Links to this website:
The Company is not liable for links to or from the content contained therein. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website:
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by The Company and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements and Terms of Service and/or Conditions of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text, images and content contained therein and relating to The Company’s services and the full content of this website.
We may have several different e-mail addresses for different queries. If you have questions or disputes regarding The Company, website or contents therein, please e-mail firstname.lastname@example.org.
The Company shall not be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
The Company’s failure to insist upon strict performance of any provision of this or any Agreement or to exercise any right or remedy to which it is entitled here-under shall not constitute as a waiver thereof and shall not cause a diminution of the rights in this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of United States govern these Terms of Service and Conditions. By accessing this website and using our services/buying our products you consent to these Terms of Service and Conditions unconditionally and to the exclusive jurisdiction of the United States in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason including, but not limited to the exclusions and limitations set out above, then the invalid or unenforceable provision will be severed from these Terms of Service and Conditions and the remaining terms will continue to apply. Failure of The Company to enforce any of the provisions set out in these Terms of Service and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms of Service and Conditions shall not be amended by anyone else other than The Company.
Breaches of these terms and conditions:
Without prejudice to The Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, The Company may take such action as The Company deems appropriate to deal with the breach, including without limitation suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
The Company may transfer, sub-contract or otherwise deal with The Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Limitations of liability:
The Company will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if The Company has been expressly advised of the potential loss.
You hereby indemnify The Company and undertake to keep The Company indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by The Company to a third party in settlement of a claim or dispute on the advice of The Company’s legal advisers incurred or suffered by The Company arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Notification of Changes:
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. It is your responsibility to review the Terms of Service and Conditions upon viewing or otherwise accessing any content or services therein. You are therefore advised to re-read this statement on a regular basis
These Terms of Service and Conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Service and Conditions contained herein.
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