Terms of Service
The following terms and conditions govern all use of the FlappyFail.com website and all content, services and products available at or through the website (the "Website"). By using the Website, you are agreeing to be bound by these Website Terms and Conditions of Use (the "Agreement"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law. The website is available only to individuals who are at least 13 years of age.
Permission is granted to temporarily download one copy of the materials
(information or software) on FlappyFail's website for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on FlappyFail's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by FlappyFail at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Permission is granted to temporarily download one copy of the materials (information or software) on FlappyFail's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
Responsibility of Contributors
If you post material to the Website, make comments on submissions, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either:
- received permission from your employer to post or make available the Content, including but not limited to any software, or
- secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your submissions are not written in a manner that misleads readers into thinking that you are another person or company. For example, you do not claim to be a person other than yourself or company other than your own; and
By submitting Content to FlappyFail, you grant FlappyFail a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting the Website. If you delete Content, FlappyFail will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, FlappyFail has the right (though not the obligation) to, in FlappyFail's sole discretion to:
- refuse or remove any content that, in FlappyFail's reasonable opinion, violates any FlappyFail policy or is in any way harmful or objectionable, or
- terminate or deny access to and use of the Website to any individual or entity for any reason, in FlappyFail's sole discretion.
Copyright Infringement and DMCA Policy
As FlappyFail asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FlappyFail.com violates your copyright, you are encouraged to notify FlappyFail in accordance with our policy. FlappyFail will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of FlappyFail or others, FlappyFail may, in its discretion, terminate or deny access to and use of the Website.
The materials on FlappyFail's website are provided "as is." FlappyFail makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FlappyFail does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall FlappyFail or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on FlappyFail's Internet site, even if FlappyFail or a FlappyFail authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on FlappyFail's website could include technical, typographical, or photographic errors. FlappyFail does not warrant that any of the materials on the Website are accurate, complete, or current. FlappyFail may make changes to the materials contained on the Website at any time without notice. FlappyFail does not, however, make any commitment to update the materials.
FlappyFail has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FlappyFail of the site. Use of any such linked website is at the user's own risk.
FlappyFail may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FlappyFail.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold harmless FlappyFail, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Any claim relating to FlappyFail's website shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.