Terms & Conditions
CONDITIONS OF USE
Welcome to Flipsidehats.com. Flipside Hats LLC and/or its affiliates ("Flipside") provide website features to you subject to the following conditions. If you visit or shop at flipsidehats.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Flipside service or business (e.g., Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
INTELLECTUAL PROPERTY
The content of this site, including but not limited to the text and images herein and their arrangement, are copyright © 2005-2011 by Flipside Hats LLC (hereinafter "Flipside"). All rights reserved. FLIPSIDE and the FLIPSIDE Hats with Crown Design are trademarks of Flipside. Any unauthorized use including, but not limited to, reproduction, transfer, transmission, dissemination and storage in a retrieval system of any content of this Web site is strictly prohibited.
NO IMPLIED LISCENSES
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or proprietary rights of Flipside or of any third party.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Flipside does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Flipside.com only with involvement of a parent or guardian. Flipside reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Flipside reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Flipside a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Flipside and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Flipside for all claims resulting from content you supply. Flipside has the right but not the obligation to monitor and edit or remove any activity or content. Flipside takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Flipside are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Flipside attempts to be as accurate as possible. However, Flipside does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Flipside itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FLIPSIDE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLIPSIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLIPSIDE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLIPSIDE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FLIPSIDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIPSIDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Flipsidehats.com, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Flipside.
DISPUTES
Any dispute relating in any way to your visit to flipsidehats.com or to products or services sold or distributed by Flipside or through flipsidehats.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Multnomah County, Oregon, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to flipsidehats.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Flipside Hats LLC 135 NE 57th Avenue, Portland, Oregon 97213, USA
UNSOLICITED IDEA POLICY
Flipside Hats appreciates individual interest in submitting ideas, proposals, or suggestions. Flipside Hats has many projects under development at any given time and it is possible that unsolicited ideas or proposals could be submitted which are already under consideration or may already be in the planning stages. Flipside Hats associates are not authorized to accept or consider unsolicited ideas, suggestions or proposals including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names.
Please do not send any original creative artwork, suggestions or other works, except under the circumstances of an Offical Artwork contest. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Flipside Hats products or marketing strategies might seem similar to unsolicited ideas submitted to us. Please do not send unsolicited ideas, proposals, or suggestions to Flipside Hats or anyone at Flipside Hats. In the event we receive unsolicited ideas, proposals, or suggestions, regardless of statements which may be made in the correspondence received, the following terms shall apply to all unsolicited idea, proposal, or suggestion submissions.
TERMS OF IDEAS SUBMISSION
All individuals submitting unsolicited ideas agree to the following:
(1) Unsolicited ideas will automatically become the property of Flipside Hats, without compensation to individuals making the submission;
(2) Flipside Hats will be allowed to use the ideas for any purpose and in any way, including providing the unsolicited idea or suggestion to other parties as deemed appropriate
