Note: This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
You may use the Services only if you are able to form a binding Agreement with FlipScript. You represent and warrant that you are at least 18 years of age, legally entitled to use the Services, and if employed, authorized to accept these Terms of Service on your employer's behalf, and that your employer agrees to indemnify you for any violations of these Terms of Service. You may use the Services only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
In return for your acceptance of these Terms of Service, FlipScript grants to you a non-exclusive, non-transferable and revocable Artwork Preview License to use the Services offered by FlipScript.
Artwork Preview License
The Artwork Preview License granted to you in return for your acceptance of these Terms of Service is to be used for the sole purpose of creating previews of invertible ambigram artwork designs. If you choose to purchase artwork from us, you agree to comply with the Ambigram Artwork Licensing Agreement that will accompany your artwork purchase. Under this License, you may not reproduce the artwork preview designs, or any portion thereof, in any form, whether for commercial or private use without obtaining an Ambigram Artwork License from FlipScript. This prohibition includes but is not limited to the following:
- Using or displaying the designs created on the FlipScript.com web site and/or through the ambigram maker on a network server or web server for use, viewing or access by other users.
- Using, distributing, uploading or downloading the designs created on the FlipScript.com web site and/or through the ambigram maker via file sharing networks including but not limited to centralized, aggregated and/or peer-to-peer file sharing services.
- Uploading the content to an "on demand" manufacturing site to make it available for incorporation into a T-shirt, coffee mug, poster, jewelry item, or any other item (for example, by using the images on Zazzle, Cafe Press, Spread Shirt, etc), without obtaining an Ambigram Artwork License from FlipScript.
- Incorporate the designs created on this web site or through the ambigram maker in any product intended for re-sale, re-use or re-distribution, without obtaining an Ambigram Artwork Commercial License from FlipScript.
- Using the content (or any portion thereof) as part of a logo, identity, brand, business name, product name, trademark, design mark or service mark, without negotiating a custom license from FlipScript.
- Creating an artistic design which is a full or partial derivative of a design created on the FlipScript.com web site. If you wish to create your own original design with functionality similar to the designs produced on this web site (for example, designs that may be read from multiple orientations), you may not use this web site or the ambigram maker for inspiration, research or prototyping in order to create similar designs. The designs created on this web site and through the ambigram maker have been developed at considerable expense by FlipScript and are not exported from this web site for the personal or commercial use of any organization other than FlipScript without appropriate licensing.
- Copying the individual characters ("glyphs") of the ambigram font(s).
- Using the technology of this web site, or the ambigram maker, to create an output that would reasonably be considered by FlipScript to be defamatory, libelous, threatening, harassing, immoral or obscene or that would violate or infringe on the legal rights, copyrights, trademarks, patents or any other intellectual property rights of any third party.
You acknowledge that creating derivatives of the artwork or glyphs presented on this site would be a direct and willful violation of this Terms of Service Agreement and may be in violation of State, Federal and/or International Law. You acknowledge that violations of these Terms of Service and/or State, Federal or International law may result in legal action against you without notice.
Service Usage Restrictions
Whether you are agreeing to these Terms of Service as an individual or on behalf of a company, you may not: (i) reverse engineer, decompile, disassemble or attempt to discover the source code of the ambigram maker software or any part of it; (ii) attempt to access the ambigram maker through any method other than through the provided user interface; (iii) access, tamper with, or use non-public areas of FlipScript's computer systems; (iv) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (v) disclose, sell or distribute information regarding software exploits, vulnerabilities or alternative methods of accessing the ambigram maker or any part of it; (vi) modify, or create derivative works based upon the output of the ambigram maker in whole or in part without the express written consent of FlipScript; (vii) remove any intellectual property notices, "do not copy" instructions, proprietary notices, emcumbrances or watermarks from the output of the ambigram maker; (viii) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the software or artwork without an extended license; or (ix) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way access the Services using altered, deceptive or false source-identifying information.
Respect for Others
You will not do anything that could prevent, restrict or frustrate the ability for others to use the Services offered by FlipScript. Specifically, you may not: (i) disable, overburden, or impair the proper working or appearance of FlipScript, such as a denial of service attack or interference with page rendering or other FlipScript functionality; (ii) interfere with, disrupt or attempt to disrupt access to FlipScript by others, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing FlipScript, or creating (or attempting to create) an undue burden on FlipScript; (iii) provide any false personal information on FlipScript, or create an account for anyone other than yourself without permission; (iv) create more than one personal account; or (v) facilitate or encourage any violations of these Terms of Service.
You acknowledge that no right, title or interest in the intellectual property related to the ambigram maker is transferred to you. Right, title and interest and any other intellectual property rights (including, but not limited to, trademark(s), copyright(s), patent right(s) and any other intellectual property rights) in and to the ambigram maker remain the property of FlipScript. You acknowledge that these intellectual property rights are protected by laws of the United States and international agreements.
The ambigram graphics displayed within this site are owned by FlipScript and may not be reproduced in any form without obtaining an Ambigram Artwork License from FlipScript. FlipScript presents its publicly displayed preview graphics to you with watermarks and labels, and you agree to not remove these markings.
You acknowledge that site activity (including but not limited to a history of what has been created through the use of the ambigram maker) may be tracked in databases, server logs or through other methods, and that this information is the express property of FlipScript and may be used by FlipScript in the event of a breach of this Agreement.
We appreciate feedback, comments and suggestions about FlipScript, but you understand that anything you share with us regarding FlipScript or its Services is entirely voluntary and we may use your suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
If anyone brings a claim against us related to your actions, or related to the artwork selected by you, you agree to indemnify and hold us harmless from and against all claims, suits, damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You accept responsibility for your actions, and accept responsibility for conducting any necessary patent, trademark or copyright searches to determine if the artwork selected by you infringes upon or violates the patent, trademark, copyright or any other intellectual property right(s) of any third party in the geographic area(s) for which you will be using the artwork. FlipScript makes no representation or warranty that you will be able to exercise any rights under this license or or any other license in any specific geographic area.
Limitation of Liability
To the full extent permitted by law, FlipScript is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with your use of the Services, even if FlipScript has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services; (c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) downloadable or electronically delivered content or information.
Our aggregate liability arising out of this Agreement will not exceed One Hundred US Dollars ($100 USD) or the amount you have paid us in the past twelve months, whichever is greater. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply. In such cases, FlipScript's liability will be limited to the fullest extent permitted by applicable law.
Breach of Terms / Termination
This Agreement shall automatically terminate, without notice, if you should fail to comply with these Terms of Service, or infringe upon the intellectual property right(s) of any third party. No notice shall be required to effectuate such termination. Upon termination, you must discontinue use of the FlipScript web site and FlipScript's Services.
You agree to reimburse FlipScript for court costs, attorney's fees and other costs (if any) related to any breach of these Terms by you.
The failure of FlipScript to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any part of this Terms of Service Agreement is deemed invalid by a court of law or other governing authority, the parties agree that such invalidity shall not affect the validity of the remainder of this Agreement.
Governing Law and Venue
This Terms of Service Agreement and any action related thereto will be governed by the laws of the State of New Jersey without regard to conflict of law provisions of your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Ocean County, New Jersey, United States and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
In the absence of an Ambigram Artwork Licensing Agreement or other extended license, you agree that this Terms of Service Agreement constitutes the entire agreement between you and FlipScript relating to the subject matter, and cancels and supersedes any prior Agreement between the parties, whether written or oral.
Any amendment to or waiver of this Agreement must be made in writing and signed by an authorized representative of FlipScript.
Reservation of Rights
All rights not expressly granted in this Agreement are reserved by FlipScript.
- The terms "FlipScript", "us", "we" and "our" refer to FlipScript, Inc.
- The terms "Service" and "Services" refer to the features and services we make available through or web site at www.FlipScript.com and partner web sites including but not limited to the ambigram maker, and associated software and artwork
- The terms "you" and "your" refers to yourself as an individual, or on behalf of a legal entity as its authorized representative, as the user of FlipScript's Services.
- The phrases "ambigram maker", "ambigram generator" and "ambigram creator" refer to the technology developed by FlipScript for the purpose of creating ambigram designs from user specified text.
- The term "use" means to use, run, access or create.