Welcome to Fliptup.com, a website being operated and managed by EGGstreme (“EGGSTREME”). Please read these Terms of Use (“Agreement”) carefully before using this website. If you do not agree with this Agreement, exit now and do not use the Fliptup.com website (the “Site”). The Site shall mean all areas and any subscription or other products or services offered or available on the World Wide Web operated by EGGSTREME.

Fliptup.com is a web publishing service offering information on Filipino-American bands, band profiles, band music and videos, forums, as well as downloads (the "Service"). EGGSTREME reserves the right to modify, amend, limit or discontinue the Service at any time without incurring any liability to you.

You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. EGGSTREME disclaims all responsibility and liability for the availability, timeliness, security, accuracy or reliability of the Service or any other software or equipment used in providing the Service. You are also solely responsible for obtaining access to the Service. EGGSTREME further reserves the right to modify, suspend or discontinue the Service, with or without notice, at any time and without any liability to you whatsoever.

You must be at least be 18 years of age to use the Service. EGGSTREME reserves the right to refuse providing the Service to anyone at any time without notice and for any reason.

You represent and warrant that all of the information you provide to EGGSTREME to participate in and avail of the Service is correct, accurate and current and you have all the necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You must update such information as needed in order to ensure that the information remains to be accurate and complete. EGGSTREME shall not be responsible for any damage, loss, or injury resulting from your failure to provide accurate, complete and updated registration information.

You may not: (i) select or use a username or e-mail address of another person with the intention of impersonating that person; (ii) use a name or e-mail address of anyone else without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that EGGSTREME considers to be offensive.

It is assumed that all activities made using your Member ID and password are authorized by you. You are responsible for the use of this Site under your account and therefore, the prevention of unauthorized use of your account should be observed at all times. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your Member ID and/or password, you must notify EGGSTREME immediately through email at admin@fliptup.com.

All information received from you pursuant to your registration in the Site and use of the Service will be used by EGGSTREME in accordance with its privacy policy. It is EGGSTREME’s continuing goal to build users' trust and confidence in the Internet by promoting the use of fair information practices.

EGGSTREME will not disclose your personally identifiable information unless acting under a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of EGGSTREME; (3) enforce this Agreement; or (4) act to protect the interests of the users of the Site or others.

EGGSTREME collects information during the registration process to operate the Site. Information is requested in several areas of the Site. The types of information collected depend on the specific part of the Site you are using and include:

1. User name and password;
2. Name;
3. Gender;
4. Date of Birth;
5. Email Address;

The information you provide may be used for one or more of the following purposes:

1. To process your request for use of the Service, subscriptions, and the like;
2. To fulfill your request when you use online, mobile, or other services;
3. To contact you regarding your inquiries;
4. For the operations of the Site including delivery of the Service, ongoing research and program and Site development;
5. For marketing purposes, such as sending you updates on latest offers and promotions in connection with Fliptup.com;
6. For identification and verification purposes; and
7. For reference and records in connection with the Site.

Additional Privacy Policies:

Unsolicited Information. No unsolicited information will be sent to you, unless you choose otherwise. The Site may send periodic user letters to announce important service changes, new features, and technical issue updates.

Online Surveys and Promotions. When the Site holds surveys or promotions, you are required to give your contact information (such as name, e-mail address or mobile number) and demographic information (such as income level, gender, etc.). This information is used to contact you about the services on the Site for which you have expressed interest to or to inform you if you have won in a certain contest or promotion. It is optional for you to provide unique identifiers (such as social security number, tax identification number or driver's license number).

EGGSTREME reserves the right to send you certain communications relating to the Site and of the products and services that we offer and you will not be allowed to opt out from receiving them.

Cookies and Logged Files. A cookie is a text file that is placed in your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

EGGSTREME uses cookies to help personalize your online experience, for example to provide personalized services and/or maintain your identity across multiple pages within or across one or more sessions. This information may include, but is not limited to, relevant login and authentication details as well as information relating to your activities and preferences across websites. Please be informed that EGGSTREME does not collect any personally identifiable information from you by means of cookies.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.

EGGSTREME uses IP addresses to analyze trends, administer the Site, track user's movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

This Site uses the services of Semizone Information Services for the serving and/or targeting of advertisements, promotions and other marketing messages and transactions. To do this, Semizone Information Services collects anonymous data through the use of cookies. To learn more about Semizone Information Services, go to http://www.szinf.com.

Sharing. EGGSTREME will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. EGGSTREME partners with other parties to provide specific products and services. When you sign up for these services, we may be required to share names, or other contact information that is absolutely necessary for the third party to provide these said products and services. These parties are not allowed to use personally identifiable information except for the purpose of providing these products and services.

EGGSTREME may combine information about you that it has with information it obtains from its partners, advertisers or other companies. EGGSTREME may be able to collect information about your transactions with EGGSTREME and with its partners, advertisers or other companies, including information about your use of the products and services that EGGSTREME and/or its partners and advertisers offer.

Note that EGGSTREME may transfer information about you if EGGSTREME is acquired by or merged with another company. EGGSTREME will notify you before any information about you is transferred and becomes subject of a different privacy policy.

Links. This Site contains links to other sites. Please be aware that EGGSTREME is not responsible for the privacy practices of other sites. EGGSTREME encourages the users of this Site to be aware when they leave the Site to read the privacy statements of every website that collects personally identifiable information.

Notification of Changes. If EGGSTREME decides to change its privacy policy, it will post those changes on the Site so you are always aware of what information is collected, how it is used and under what circumstances, if any, it is disclosed. If at any point EGGSTREME decides to use personally identifiable information in a manner different from that stated at the time it was collected, EGGSTREME will notify you by e-mail. You will have a choice as to whether or not EGGSTREME uses your information in this different manner. EGGSTREME will use information in accordance with the privacy policy under which the information was collected.

This also applies when EGGSTREME has reason to believe that disclosing information is necessary to identify, contact or bring legal action against someone who may be causing interference with EGGSTREME’s rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

If at any time you believe that the Site has not adhered to these principles, please notify EGGSTREME by e-mail at admin@fliptup.com. If you have questions about this Agreement, please e-mail us at admin@fliptup.com.

Your registration on the Site allows you to use the Service and post messages (including, without limitation, text, data, photos, graphics, music, sounds and videos) in the Fliptup.com forum in a number of forms, such as your opinion about any of the bands in the Fliptup.com forum, as well as comments to other people's messages.

As a condition of your use of the Service, you agree that you will not: (a) post, use or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate any applicable law; (b) post, use or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; and (c) post, use or transmit any material of any kind which contains a virus or other harmful component, download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

EGGSTREME reserves the right to edit or delete any and all content which, in its sole opinion, violates any of the terms and conditions of this Agreement. EGGSTREME may choose, at its sole discretion, to monitor some or all areas of the Site to ensure compliance with the terms of this Agreement and of the guidelines of the Site. Should you feel that a particular content is objectionable, you may request EGGSTREME to delete said content. You can reach EGGSTREME by email at admin@fliptup.com.

It is understood that EGGSTREME does not in any way endorse, encourage or recommend any of the content contributed by the users of the Site. EGGSTREME neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, nor for any offensive, defamatory or obscene posting made on the Site by anyone other than authorized employees of EGGSTREME acting in their official capacities. In under no circumstance will EGGSTREME be liable for any loss, damage or injury caused by your reliance on information obtained from the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available in or through this Site.

There are boundaries on the type of content that can be hosted in the Site. The compliance with certain legal requirements is necessary in order to enhance the Service as a whole.

The following are absolutely prohibited:

1. Pornography and Obscenity: Image and video content that contains nudity, sexually graphic material or material that is otherwise deemed explicit by EGGSTREME;
2. Pedophilia, Incest and Bestiality: Written, image or video content that depicts and promotes pedophilia, incest and bestiality;
3. Commercial Pornography: Content that exists for the primary purpose of commercial pornographic content or driving traffic to a commercial pornography site;
4. Child Pornography: Written, image or video content that depicts or promotes child pornography. EGGSTREME will report to the appropriate authorities any user who publishes or distributes child pornography;
5. Hateful Content. You may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age and sexual orientation/gender identity; and
6. Violent Content. You may not publish threats of violence against any person or group of people.

You acknowledge that EGGSTREME owns all rights, title and interest in and to the Fliptup.com website and the Service, including all intellectual property rights thereto ("EGGSTREME Rights"). EGGSTREME Rights are protected by Philippine and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, redistribute, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, frame, reverse engineer or in any way commercially exploit any part of the Site (including, but not limited to, the content therein) and the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any part of the Site (including, but not limited to, the content therein) or the Service. As described below, EGGSTREME Rights do not include third-party content used as part of the Service.

EGGSTREME claims no ownership or control over any content submitted, posted or displayed by you on or through the Service or the Site. You or a third party licensor, as appropriate, retains all patent, trademark and copyright to any content you submit, post or display on the Site or through the Service and you are solely responsible for protecting those rights, as appropriate. By submitting, posting or displaying any content on the Site or through the Service which are intended to be available to the public, you grant EGGSTREME a worldwide, perpetual, non-exclusive and royalty-free license to reproduce, publish and distribute such content on the Site for the purpose of displaying and distributing the Service and in running the Site. The Site (EGGSTREME) furthermore reserves the right to refuse accepting, posting, displaying or transmitting any content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted. For the avoidance of doubt, EGGSTREME is not a party to any such license between you and any third party. Also, for the avoidance of doubt, EGGSTREME may choose to exercise the rights granted under: (a) the license or licenses, if any, you apply to your content; or (b) this Agreement.

Any use of EGGSTREME’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including, but not limited to, "Fliptup.com", must be with the written consent of EGGSTREME.

Unless expressly authorized in writing by EGGSTREME, you agree not to reproduce, duplicate, distribute, copy, sell, trade, resell or exploit for any commercial purposes: (a) any portion of the Service or the Site; (b) use of the Service or the Site; or (c) access to the Service or the Site.

What we can guarantee: EGGSTREME SHALL DEVELOP AND OPERATE THE SITE AND THE SERVICE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.

What we cannot and do not guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, EGGSTREME DOES NOT GIVE ANY WARRANTY WITH RESPECT TO THE SITE AND THE SERVICE. TO THE EXTENT ALLOWED BY APPLICABLE LAW, EGGSTREME HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DOES EGGSTREME PROVIDE ANY WARRANTY THAT THE SITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT EGGSTREME WILL NOT BE LIABLE TO YOU FOR ANY AND ALL LOSSES OR INJURY WHICH RELATE TO YOU WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE SITE AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA OR CONTENT) OR WHICH ARISE AS A RESULT OF YOUR USING THE SITE AND THE SERVICE OUTSIDE THE SCOPE OF THIS AGREEMENT.

IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT EGGSTREME WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT MAY ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE OR THE SERVICE.

Without limiting the above, EGGSTREME is not liable for matters beyond its reasonable control. EGGSTREME does not control postal or courier services, telephones, third party communications networks (including your Internet Service Provider), the Internet, force majeure conditions, acts of God or the acts of third parties.

You agree to hold EGGSTREME free and harmless from and against any liability that may arise from all the content or information that you upload, post, email, transmit or otherwise make available in the Site or via the Service. Under no circumstances will EGGSTREME be liable in any way for any content or information, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of any content or information posted, emailed, transmitted or otherwise made available via the Site or the Service. You further understand that EGGSTREME shall have no liability whatsoever should you be exposed to content or information that is offensive, indecent or objectionable.

It is EGGSTREME’s policy to respond to clear notices of alleged copyright or other intellectual property right infringement.

EGGSTREME does not allow the unauthorized publishing of people's private and confidential information, such as credit card numbers, Tax Identification Numbers, Social Security Numbers, driver's and other license numbers.

EGGSTREME does not allow impersonation of others through the Site or Service in a manner that is intended to or does mislead or confuses others.

The Site/Service should not be used for any unlawful purpose or for the promotion of dangerous and illegal activities. Your account may be terminated and you will be reported to the appropriate authorities.

EGGSTREME does not allow spamming or the transmission of malware and viruses.

Your dealings with, or participation in promotions of, advertisers found on or through the Site or the Service, including, but not limited to, payment and delivery of goods or services, are solely between you and such advertiser. You understand and agree that EGGSTREME shall not be responsible or liable for any loss or damage whatsoever suffered as the result of any such dealings or as the result of the presence of such advertisers on the Site or the Service.

EGGSTREME may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content or information contained in your account although residual copies of information may remain in EGGSTREME’s system for some time for back-up purposes.

You agree to hold harmless and indemnify EGGSTREME, and its subsidiaries, affiliates, officers, agents, and employees from and against any and all third-party claims arising from or in any way related to your use of the Site and/or the Service, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, EGGSTREME will provide you with written notice of such claim, suit or action.

This Agreement constitutes the entire agreement between you and EGGSTREME and governs your use of the Site and the Service, superseding any prior agreements between you and EGGSTREME. You also may be subject to additional terms and conditions that may apply when you use or purchase other services of EGGSTREME, affiliated services, third-party content or third-party software.

The failure of EGGSTREME to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected herein and the other provisions shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Site or the Service must be filed within one (1) year after such claim or cause of action arose or the same is forever barred.

This Agreement shall be governed by, and construed and implemented in all respects in accordance with the laws of the Republic of the Philippines. Each party irrevocably submits to the exclusive jurisdiction of the courts in Makati City, Philippines, to the exclusion of all other courts, for the purpose of enforcing any right or obligation under or arising out of this Agreement.