Terms of Service

Preamble

By using the http://www.yodeck.com web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The Service is provided by Flipnode LLC, a Delaware-based partnership, based in Corporation Trust Center, 1209 Orange St, Wilmington, DE 19801.

Flipnode reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While Flipnode prohibits such conduct and content on the Service, you understand and agree that Flipnode cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Sections titles below are for informational reasons only and do not alter the meaning of the individual terms therein.

Accounts Terms

  1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  2. Whenever you are asked by the Service, you must provide your legal full name, a valid email address, and any other information requested in order to proceed. Provide dummy or false information is strictly prohibited. This entity will be registered as the Account Holder.
  3. Your login may be used by more than one persons. The Service does not prevent multiple simultaneous logins, but cannot be held liable for any security issues that arise from such use. You confirm that all persons that you provide access to your Account have agreed to these Terms.
  4. One person or legal entity may not maintain or use more than one Free Account. You must use a single Account for all monitors that you manage through the Service, unless otherwise agreed with Flipnode. Using multiple Free Accounts (which allow only one monitor to be managed), or any combination of Free Accounts and Paid Accounts, to manage multiple monitors is not allowed.
  5. You are responsible for maintaining the security of your account and password. Flipnode cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You, the Account Holder, and all users that you have provided access to your Account, are responsible for all Content posted and broadcasted, as well as all activity that occurs under your Account.
  7.  You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms for the Service

  1. A valid credit card is required for paying accounts and purchasing Physical Goods.
  2. All payments through our website are cleared via the Stripe.com payment service. In some cases, your credit card company may decide to perform an independent check to verify your identity in order to help combat fraud.
  3. Free accounts are not required to provide a credit card, but can do so. For making any physical good purchases through the Service, a credit card is required.
  4. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. All fees and payments are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  6. For any upgrade or downgrade in plan level (that is, the maximum number of monitors that you can manage through the Service), the credit card that you provided may be automatically charged instantly or on the next billing cycle. You are responsible for providing up to date credit card information to the Service so that a charge does not fail, leading to service disruption.
  7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Flipnode does not accept any liability for such loss.

Purchasing Physical Goods

  1. All transactions should be carried out online, through your Account. In carrying out any such transaction, you are agreeing to purchase the product(s) in your order for the stated price in accordance with these Terms & Conditions.
  2. Flipnode reserves the right to discontinue or alter the supply of any product at any time, and to cancel any sale under reasonable conditions, at its sole discretion. In the event of Flipnode having to cancel an order prior to shipping, the customer will be refunded the total payment for the product(s) and P&P. This does not affect your statutory rights.
  3. Any group of products paid for by a single payment method on one occasion will be deemed an Order. Each individual order will be dealt with separately. Each individual order may be shipped partially.
  4. Flipnode’s systems are regularly maintained and updated to the best of Flipnode’s ability to ensure the provision of accurate information. Nevertheless, Flipnode cannot always guarantee continued availability of all items and services and occasionally a product or service may become unobtainable owing to circumstances beyond Flipnode’s control. In such situations, Flipnode will notify you as soon as possible and you will be given the opportunity to review your order and, if you choose to cancel the sale, to receive a refund for the item or services in question.
  5. Flipnode cannot process or dispatch your order until the full payment sum has been cleared.
  6. Flipnode will endeavor to process and dispatch your order as soon as possible. Generally, you should allow a few working days from order until dispatch. While we aim to provide a good forecast of delivery date, it should be remembered that these are estimates and we cannot be held liable for any loss arising from a late delivery.
  7. We cannot guarantee delivery in the periods specified.
  8. For detail on shipping and delivery, please contact us.

The Service and Physical Goods

  1. Flipnode provides “Yodeck Playbox” (or just “Playbox”) and its accessories, hardware components that are complementary to the Service and provides the required playback capabilities. A valid Account (free or paying) is required for buying these items.
  2. You are not obliged to use Yodeck Playbox as your playback device. You are permitted to use any device compliant with the specifications and interfaces provided by the Service. You can find the detailed compatibility list and hardware requirements in the Knowledge Base.
  3. As a complementary component to the Service, Yodeck Playbox has a very low price with little marginal profit for Flipnode. As such, Flipnode retains the right to adjust its price as exchange rates fluctuate and Flipnode’s purchase prices from vendors change.
  4. Flipnode may provide Yodeck Playbox units at no cost, along with a prepaid annual subscription to the Service. In such case, the payment is provided for the access to the Service and is subject to Service-related terms, while the Physical Goods are provided for free. Thus, the Service annual fee is non-refundable, even if you choose to return the Physical Goods acquired through this process.

Physical Goods Pricing

  1. As a complementary component to the Service, Physical Goods that are available through the Service have very low prices with little marginal profit for Flipnode. As such, Flipnode retains the right to adjust physical goods’ prices as exchange rates fluctuate and Flipnode’s purchase prices from vendors change.
  2. We cannot accept any responsibility for financial loss arising from exchange rate fluctuation between currencies.
  3. Customers domiciled outside the EU should make their own provision for the payment of any import or duty related taxes arising from their order; in such cases, it is advisable to contact your local customs office for accurate and reliable information.
  4. In all cases that Flipnode ships Physical Goods, all shipping costs are not included in the price. Shipping costs will be calculated upon checkout and the customer will be charged accordingly.
  5. In all cases that Flipnode ships Physical Goods, import duties and related taxation and fees are not included in the price of the goods shipped, nor in the shipping cost calculated. Customers are responsible for paying any import duties and relevant taxation.

Health & Safety

  1. All physical goods should be used in accordance with manufacturing guidelines and you are advised to read carefully all literature that accompanies your purchase(s) and use each product only for the purpose intended by the original manufacturer. Flipnode provides all documentation for all physical goods through the Service.
  2. Flipnode accepts no responsibility for any death or injury to any person(s), or damage to property, arising from use or misuse of products or services purchased.
  3. In the event of doubt as to correct usage, you are advised to contact the original manufacturer directly with any queries before using the product(s), or contact Flipnode support through the Service.

Service Cancellation and Termination

  1. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your account is not considered cancellation. The Account management screen provides a simple “no questions asked” cancellation link.
  2. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect by the end of your current paid month or year and you will not be charged again. No refunds will be issued.
  3. Flipnode, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
  4. Service cancellation does not entitle you to any kind of additional Physical Goods return rights or refund rights.
  5. Flipnode reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Service Prices

  1. Flipnode reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all parts of the Service, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon a 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
  3. Flipnode shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. Flipnode shall not claim any intellectual property rights over the media and content you provide to the Service. Your profile and materials uploaded remain yours.
  2. You are solely responsible for any content that you broadcast or display through the Service. You hereby confirm that you are authorized or licensed to display any media, content, data and information you provide to the Service, in the way that the Service reproduces it.
  3. Flipnode does not pre-screen Content, but Flipnode and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is broadcasted via the Service.
  4. All code and content provided to you by Flipnode through the Service, is copyrighted and no other use, besides through the Service, is allowed.
  5. All code, content and information provided by you to Flipnode through the Service, will not be used by Flipnode outside the scope of the Service. Flipnode will not disclosure any type of information to any 3rd party without your explicit written consent, except a) the fact that you are using the Service, b) incorporating your usage patterns into reports and statistics about the Service.
  6. In case of customizations (including, but not restricted to, custom Widgets) developed by Flipnode, all relevant code and content provided is copyrighted by Flipnode, unless otherwise expressly stated by Flipnode in writing.
  7. Flipnode may review customizations (custom Widgets) you have uploaded for screening unlawful derivative works from existing code copyrighted by Flipnode. By uploading such derivative works, you grant Flipnode with an irrevocable and non-restrictive license to use, modify and distribute the derivative works in any way Flipnode sees fit.
  8. The look and feel of the Service is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Flipnode.

Resellers and Partners

  1. The Service, technically, provides inherent support for Resellers and Partners.
  2. In the case that you are using the Service to serve your own customers, then you are obliged to inform Flipnode about the services you provide using the Service and to whom you provide them to, along with any other information you may be requested by Flipnode. You may be asked to sign a partnership agreement in order to continue your business as above.
  3. The Terms of Service apply in whole to (i) the Account Holder, (ii) users the Account Holder has provided access to the Account, and (iii) end-customers and end-users that may receive services through the Service indirectly by a 3rd Party acting as a Reseller or Partner. These apply for both the Service and any Physical Goods purchased through it.

General Conditions

  1. You understand our use of private data, as stated in our Privacy Policy, and you agree with all statements therein.
  2. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  3. Technical support is provided to all Account holders, with priority to paying Account holders. Technical support is only available via email, or the designated form through the Service itself. Response times for technical support inquiries are not guaranteed.
  4. You understand that Flipnode uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Flipnode.
  7. Flipnode may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  8. We retain the right to contact you from time-to-time via email. You can remove yourself easily from the related communication list.
  9. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Flipnode customer, employee, member, or officer will result in immediate Account termination.
  10. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  11. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  12. You must not transmit any worms or viruses or any code of a destructive nature.
  13. Flipnode does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  14. You expressly understand and agree that Flipnode shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service or releted physical goods.
  15. The failure of Flipnode to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Flipnode and govern your use of the Service, superseding any prior agreements between you and Flipnode (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent through our support form.

Terms of Service was last modified: February 13th, 2017 by Yodeck