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Terms of Service

Effective Date: March 01, 2024

1. Introduction

Welcome to FlipJoyToys.com (“FlipJoy,” “we,” “us,” or “our”), a pioneering toy swap (also referred to as “toy flip”) service designed to provide families with a sustainable, eco-friendly, and joyful way to keep their children engaged and entertained. FlipJoy offers subscription-based services (the “Services”) that allow parents and guardians to swap toys with other families in their community, ensuring that their children always have access to age-appropriate, quality-controlled, and sanitized toys.

Environmental Sustainability at FlipJoy

FlipJoy’s environmental sustainability ethos is interwoven into every aspect of our Services. We’re passionate about building a community that not only shares in the delight of play but also actively contributes to the well-being of the environment. Our Services are centered around reducing waste by extending the life of toys through swaps rather than new purchases, significantly lowering the environmental impact of production and transport, and fostering a sustainable mindset in the next generation.

We’ve embraced eco-friendly packaging by utilizing reusable bags for our toy swaps. Designed for durability and multiple exchanges, these bags significantly cut down on single-use packaging waste. We also encourage the return of smaller packing materials with toy swaps for cleaning and reuse, thus further reducing our ecological footprint and reinforcing our commitment to environmental stewardship.

Donation of Unswappable Toys

In our journey to ensure every toy brings joy, we recognize that not all toys can be swapped due to various reasons, such as the nature of the toy (e.g., fabric toys) or not meeting our minimum value guidelines. In these instances, FlipJoy is committed to donating these toys to charitable organizations and community groups. This ensures that these toys continue to bring smiles to children’s faces, aligning with our mission to spread joy and sustainability.

2. Acceptance of Terms

By accessing or using FlipJoy’s website (the “Website”) and Services, you (“Member,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which govern your use of the Website, Services, and any related activities.  If you do not agree with any part of these terms, you must not use our Website or Services. Your continued use of FlipJoy represents your agreement to any changes or modifications made to these terms over time. It is your responsibility to review these terms regularly to ensure you are updated on any changes.

3.Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, which is hereby incorporated into and made part of these Terms of Service. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. Member Eligibility

Our Services are structured to support a safe and legally compliant environment and are available exclusively to adults aged 18 and over. By using the Website and Services, you affirm that you are an adult, acknowledging your capability and legal standing to abide by our Terms of Service and policies.

Age Requirement Acknowledgment

Upon account creation and Service usage, Members agree to our Terms of Service, affirming they meet the minimum age requirement of 18. This policy ensures all transactions and interactions on our platform are conducted responsibly, upholding the integrity of our community.

Responsibility and Adherence to Age and Legal Policies

Members are responsible for ensuring their use of the Website complies with all applicable laws and regulations. By engaging with FlipJoy, you acknowledge your responsibility to uphold legal standards, including those related to age and contractual capacity. We trust our Members to adhere to these policies, reserving the right to enforce them, which may include account suspension or termination for non-compliance.

Commitment to a Secure and Responsible Platform

FlipJoy is dedicated to fostering a platform that safeguards the interests of our families and the broader community. Members are expected to affirm their eligibility and commit to a responsible use of our Services. Our platform values the safety and well-being of our community Members, aiming to provide a joyful and enriching experience through sustainable play.

By agreeing to these terms, Members contribute to a responsible, enjoyable, and secure toy swapping experience for all Members of the FlipJoy community.

5. Account Registration and Security

Account Registration Process

To access and utilize the full range of Services offered by FlipJoy, Members are required to create an account. The registration process is designed to be straightforward and secure, ensuring that Members can quickly begin enjoying the benefits of our toy swap Service. During registration, Members will be asked to provide basic information, including but not limited to, a valid email address, a secure password, contact details, payment information, and optional information about your children’s birth month and year, and gender. This information is essential for setting up your FlipJoy account and for us to provide a personalized and efficient Service.

Maintaining Account Security

FlipJoy places a high priority on the security of Member accounts and personal information. Members are advised to choose strong, unique passwords for their accounts and to keep these passwords confidential. It is recommended to regularly update passwords and to use a combination of letters, numbers, and special characters to enhance security. Members should also be cautious of phishing scams and unauthorized access attempts, reporting any suspicious activity to FlipJoy support immediately.

Member Responsibilities for Account Activity

Members are solely responsible for all activities that occur under their account. This includes the responsibility to ensure the accuracy of the information provided during registration and to keep this information up to date. In the event of unauthorized use of your account or any other security breach, Members are expected to notify FlipJoy promptly. FlipJoy will not be liable for any loss or damage arising from your failure to comply with this security obligation.

Account Security Measures

FlipJoy implements a range of security measures to protect Member accounts and personal information. These measures include, but are not limited to, the implementation of SSL certificates and HTTPS to ensure secure data transmission, hosting on A2 Hosting’s shared server infrastructure known for its robust security features, and the use of

Account Security Measures

 

FlipJoy implements a range of security measures to protect Member accounts and personal information. These measures include, but are not limited to, the implementation of SSL certificates and HTTPS to ensure secure data transmission, hosting on A2 Hosting’s shared server infrastructure known for its robust security features, and the use of Solid Security tools that provide comprehensive protection through features like brute force protection, two-factor authentication, file change detection, and security logging. While we are committed to maintaining high-security standards, please be aware that no internet transmission is entirely secure or error-free. Hence, while we strive to protect your personal information, absolute security cannot be guaranteed.

While we are committed to maintaining high-security standards, please be aware that no internet transmission is entirely secure or error-free. Hence, while we strive to protect your personal information, absolute security cannot be guaranteed.

Account Recovery

In cases where Members forget their passwords or experience difficulty accessing their accounts, FlipJoy provides an account recovery process. This process may involve verifying the Member’s identity through email or other means and following the steps provided to reset the password or regain account access. Members are encouraged to contact FlipJoy support if they experience difficulty or need assistance with account recovery.

Closing or Suspending Accounts

FlipJoy reserves the right to close or suspend Member accounts at its discretion, including, but not limited to, instances of non-compliance with the Terms of Service, fraudulent account activity, or at the Member’s request. Members wishing to close their accounts may do via their Member profile or by contacting FlipJoy support, ensuring that all outstanding transactions or obligations are resolved prior to account closure.

Data Retention and Deletion Policies

FlipJoy is committed to safeguarding your personal information and respecting your privacy. When you delete your account or cease using our Services, we will remove your personal data from our systems in accordance with our data retention policy and applicable laws. This process ensures that your information is not retained indefinitely and is deleted in a secure manner. For further details on how we handle data retention and the specific timeframes for data deletion, please refer to our Privacy Policy. If you have questions about your data or wish to request data deletion, please contact support@flipjoytoys.com.

By registering for an account with FlipJoy, Members agree to uphold the standards of account registration and security outlined above, contributing to a safe and enjoyable experience for all Members of the FlipJoy community.

Optional Sharing of Children’s Information

Parental Discretion: The Service allows adults to optionally provide their children’s birth month and year, and gender. This information is not mandatory and is solely intended to personalize and improve the Service provided.

Age Range Selection: Adults specify the age range of toys that are appropriate for their children, aiding us in customizing our offerings to better align with the children’s developmental stages and interests.

Parental Consent

Consent through Provision: When adults enter their children’s birth month and year, and gender information, they are providing their consent for us to use this data to enhance the Service. This process is designed to be straightforward and respectful of the adults’ autonomy.

Purpose of Collection: The optional data assists us in tailoring our Service to the children’s needs, utilized solely for Service improvement and not shared with third parties, except as necessary for delivering the Service or complying with legal requirements.

Empowering Members

Review and Deletion: Members can review and request the deletion of the optional information about their children at any time.

Revocation of Consent: Members can contact FlipJoy to revoke consent and request the removal of their children’s information, thereby stopping its use in our Service.

For any questions or to exercise these rights, please contact us at support@flipjoytoys.com. FlipJoy is committed to providing a secure, enjoyable, and respectful platform, ensuring the privacy of all family members is maintained and valued.

6. Service Description

FlipJoy presents distinctive toy swap Services that champions sustainability and continuous fun for children. Our mission is to foster a cycle of joy and discovery through a rotating selection of toys, minimizing waste and encouraging environmentally conscious practices.

Our Services allow families to exchange toys that their children no longer use for a curated selection that suits their current developmental stage and interests. Each toy undergoes a thorough inspection and cleaning process to ensure safety and quality. Through FlipJoy, families can effortlessly update their toy collections, keeping playtime fresh and engaging while supporting a greener planet.

Toy Inventory and Swap Process

At FlipJoy, we pride ourselves on offering a diverse and ever-changing selection of toys through our Services, ensuring variety and new experiences as our inventory is continually updated. We provide the flexibility for families to keep any toys they receive and cherish. When returning toys, families must align with their selected swap plan’s value and quantity criteria, allowing them to contribute from their personal collection. This model maintains our dynamic inventory, fostering a shared community of sustainable and joyful play. This approach, while enhancing the novelty and flexibility for families, means that we do not maintain a specific inventory of each toy or track which toys are sent to which family. As a result, it is possible for families to receive a toy more than once throughout their subscription.

We encourage families to consider this when selecting toys to send to us. Once a toy is swapped, it becomes a part of our communal inventory and cannot be returned to the original sender. This is why we advise against sending in toys that are especially cherished or would be missed by your child, as we cannot guarantee their return. Our goal is to foster a sense of shared community and sustainable play, where toys are enjoyed by multiple families, contributing to a larger eco-friendly initiative. By participating in our toy swap, Members accept and embrace the fluidity and surprise inherent in our Services, contributing to a more sustainable and joyful play experience for all.

7. Changes to Services

FlipJoy reserves the right to modify, enhance, or discontinue any aspect of our Services at any time, without prior notice to Members. Our commitment is to continuously improve Services to meet the evolving needs of our community and to respond to technological advancements and market trends.

Notification of Changes: Any significant changes to our Services, including but not limited to modifications, enhancements, or discontinuation, will be communicated to our Members through email or a prominent notice on our website.

Member Options: In the event of a substantial modification or discontinuation of the Services, Members will have the option to continue using the Service under the new terms or to terminate their use of the Services. Continued use after the changes will constitute acceptance of the new terms.

Feedback and Inquiries: We value Member feedback and are committed to addressing any concerns or questions regarding changes to our Services. Members are encouraged to contact our customer support for further clarification or to provide feedback.

By using FlipJoy, you acknowledge and agree to our right to alter the Services and our method of notifying you of these changes, ensuring a transparent and trust-based relationship.

8. Service Use and Guidelines

Toy Photo Approvals, Rules of the Bag, and Scheduling

To ensure a seamless and enriching toy swap experience, Members must submit a photo of the toys they wish to swap for approval by our quality control team. Toys must meet the following criteria as per our “Rules of the Bag”:

Toy Selection and Value Guidelines

FlipJoy’s Services are designed to provide age-appropriate and enriching play experiences for children. Members are required to select toys based on the following value guidelines, with the understanding that the final approval is at the sole discretion of FlipJoy’s quality control team:

  • For children under 3 years: Select 10 toys with a minimum value of $10 each.
  • For children aged 3 to 5 years: Select 5 toys with a minimum value of $20 each.

Our quality control team evaluates toys not solely based on their monetary value but also considers their play value and educational potential. Toys that slightly fall below our minimum value guidelines may still be accepted if they offer significant play value. However, toys significantly below these guidelines or failing to meet our quality standards will be rejected.

Age Appropriateness and Toy Selection Flexibility

FlipJoy’s Services cater to broad age categories (6-12 months, 1-3 years, and 3-5 years) to embrace the varied developmental stages of children. We acknowledge that children’s growth and interests can extend beyond their age group, enabling younger children to engage with toys for older peers and vice versa. This adaptability enhances learning and enjoyment, promoting a sense of discovery.

Our quality control team determines the suitability of toys for different age groups, prioritizing novelty and the potential for exploration. While age recommendations provide a guideline, FlipJoy’s expertise guides the final toy selection, ensuring a safe and enriching play experience tailored to the developmental needs of each child.

By engaging with our Services, Members acknowledge and agree that the quality control team at FlipJoy has the final say in determining the eligibility of toys for swapping. This process ensures that all children receive toys that are not only fun but also safe and suitable for their developmental stage.

Acceptable Toy Types and Quality

We accept toys that are easy to clean, free from excessive soil, and have fully functional battery-operated components. Puzzles, LEGOs, and board games must be in their original boxes and arts and crafts supplies must be new or unused.

Books, monogrammed, holiday, religious items, fabric toys, stuffed animals, and dolls are not accepted. Bath toys are not accepted unless brand new, due to hygiene and cleaning standards.

Only toys rated ‘Good’ (2) or higher on our quality scale are accepted. Toys must be free from inappropriate writing, images, or stickers and should not have significant wear, damage, or missing parts.

If a received toy becomes broken or damaged when in a customer’s possession, customers are encouraged to responsibly dispose of or recycle these toys, as they will not be accepted for future swaps.

Members must not submit any recalled toys.

Size and Packaging

Toys must fit comfortably in the provided FlipJoy bag (24”x36”). Any selection of toys that do not fit into the bag will not be accepted for the swap. If your selected toys do not fit, please choose a different combination of toys that can be accommodated within the bag size.

Scheduling and Delivery

Swaps are typically scheduled on Wednesdays. However, there may be occasions when a Wednesday is unavailable for swaps. The online calendar will always reflect the current availability, ensuring Members are informed of the available swap days. Members can schedule multiple swaps on the same Wednesday if their plan includes multiple flips per month. We strive to maintain a consistent schedule, but availability can vary, and there are no guarantees regarding any specific Wednesday.

Members are allocated a specific number of flips per month, depending on their subscription tier. If Members schedule more flips than their plan allows, they have options to upgrade their subscription for more monthly flips or reschedule the excess flips for a future month. If no action is taken within two business days of notification, the additional flip will be automatically canceled. This policy ensures Members stay within their chosen plan’s limits or make informed choices to adjust their subscription level.

To ensure a smooth FlipJoy experience, please prepare your FlipJoy bag(s) with the selected toys for each scheduled flip and place them at your doorstep by 8 AM on the designated day. We guarantee completion of all flips by 7 PM on the same day. For a seamless experience, consider setting out your bag(s) the evening before if you have a secure spot. This preparation can help alleviate the rush of busy mornings and ensure your flip morning is worry-free.

Cancellation and Rescheduling of Flips

To cancel or reschedule a flip, Members may fill out the Cancellation and Rescheduling Form available on their Member profile. This form allows Members to manage their scheduled flips according to their current needs. While FlipJoy endeavors to accommodate all requests for changes, please be aware that we cannot guarantee the availability of preferred new flip dates or the possibility of cancellation without consequence. It is the responsibility of the Member to ensure that all submissions via the form meet the specified deadlines and requirements. Late submissions may limit our ability to accommodate requests, and FlipJoy cannot be held responsible for any inability to cancel or reschedule a flip if deadlines are not met.  Members will be required to submit the FlipID(s) to cancel or reschedule. FlipIDs are provided in the Member’s confirmation email. If a Member is unable to locate their FlipID(s), they can be looked up utilizing the “Find My FlipID” form via the Member profile.

FlipJoy allows Members to cancel or reschedule their scheduled toy flips to ensure flexibility and convenience. To cancel or reschedule a flip for the upcoming Wednesday, Members must submit their requests before the preceding Tuesday. This allows sufficient time for FlipJoy to halt the preparation and packing of the toys designated for delivery. Additionally, if Members wish to reschedule their flip to an earlier date, they must do so by the Sunday prior to the desired Wednesday flip. These deadlines are established to facilitate efficient approvals, scheduling, and inventory management, ensuring that all Members can adapt their flip schedules to suit their needs. Failure to comply with these timelines will result in the inability to alter the scheduled flip which may ultimately result in a forfeiture of said flip(s).

Toy Exchange Weather Protection and Customer Responsibility

FlipJoy is dedicated to maintaining the quality and safety of the toys during each swap. To ensure the toys are protected from adverse weather conditions during delivery, we implement several protective measures. However, when a covered area for exchanges is not available, customers are asked to take additional steps to secure the toys.

Weather Protection Instructions

  1. Initial Placement: Please place the toys in the FlipJoy bag provided to ensure that all items are accounted for and the bag is not marked as lost.
  2. Additional Protection: If a covered area is not available for toy exchanges, we recommend placing the secured FlipJoy bag inside a durable, oversized trash bag to shield it from weather elements. Alternatively, you can cover the bag with a weighted tarp or other suitable alternative, ensuring that the entire FlipJoy bag is covered and protected.

Delivery Notification

FlipJoy will send a delivery notification email immediately upon the toys’ arrival at your designated exchange location. This timely notification allows you to take necessary protective actions, especially important during inclement weather.

Customer Responsibility Clause

While FlipJoy takes proactive measures to protect the toys during delivery, the ultimate responsibility for providing a safe and suitable exchange point lies with the customer. By following the above weather protection instructions, you play a crucial role in maintaining the toys’ condition, ensuring a successful and enjoyable toy swap experience for all participating families.

By adhering to these guidelines, customers significantly contribute to the effectiveness and enjoyment of the FlipJoy Services, helping to keep the toys in excellent condition for everyone involved.

Photo Submission and Approval Process

To engage in the Services, Members are required to adhere to the “Rules of the Bag” when selecting toys, ensuring they align with our quality and safety criteria. The decision to approve or request changes to the submitted toys is at the sole discretion of our quality control team. Members must comply with submission deadlines to facilitate a seamless swap experience. Failure to adhere to these deadlines may necessitate the rescheduling or cancellation of a flip, for which FlipJoy is not liable.

Flip Scheduling

Members may schedule four flips at a time using the “Ready to Flip” form. For a flip to be approved, Members must submit a photo of each proposed toy flip. Members may choose to submit their photo(s) for approval at the time they schedule their flip or, wait and submit their photo(s) closer to the flip date.

Photo Submission

Submit photos (initially via “Ready to Flip” form or later via “Photo Submission” form) no later than the Sunday prior to the Wednesday flip date. Early submissions are encouraged.

Review and Approval

Expect an email regarding approval status or needed changes. For submissions close to the flip date, expect this email no later than 8PM on the Monday prior to the flip date.

Final Resubmission

If changes are necessary, submit new photos no later than 8 PM on the Tuesday prior to the flip date. Approval will be confirmed by 8 AM on Wednesday (the flip date). Failure to meet this deadline or standards will require rescheduling of your flip(s).

Updated Toy Selection

If for any reason a member needs to change the toy selection for an already approved flip, members must resubmit a photo using the “Photo Submission” form. The approval process will restart, and any updated photos will need to be approved or changes may be requested. This approval process is subject to the same submission deadlines as an initial photo submission- Sunday prior to the Wednesday flip. Failure to meet deadlines or receive an approval by the desired flip date will result in a flip cancellation.

Early Submission Recommendation

To avoid delays and ensure timely approvals, we strongly encourage early photo submissions, especially critical if your flip is scheduled for the last Wednesday of the month. Please note, flips not approved in time due to missed deadlines or pending changes are not eligible to roll over to the next month and will be forfeited if no further Wednesdays are available in your current subscription month. The responsibility to meet these deadlines rests entirely with you, the Member. FlipJoy urges timely submissions to ensure a smooth and enjoyable experience.

Compliance and Quality Control

FlipJoy Members are required to adhere to all our policies to ensure a fair and high-quality Service for everyone. Depending on the nature and frequency of non-compliance, Members may face consequences, including but not limited to additional fees, account review, temporary suspension, or membership termination.

Non-compliances that could result in these consequences include, but are not limited to, discrepancies between approved photos and received toys, absence of a bag upon a scheduled flip date, or inaccurately rated toy quality. We understand that misunderstandings or mistakes can happen, so we are committed to communicating clearly with our Members. In the event of a policy violation, Members will be notified via email, detailing the specific issue and any immediate consequences or fees applied. This notification will also provide Members with guidance on how to avoid future non-compliance.

Our aim is to maintain the integrity and fairness of the FlipJoy Services for all Members. We encourage open communication and urge Members to reach out to our support team if they have any questions or need clarification on our policies and procedures.

Replacement Policy for Poor Quality Toys

Upon the first instance of quality control issues, customers will be notified of the discrepancies for educational purposes but will not be charged. After this initial notification, any flip with quality control discrepancies requiring a toy replacement will incur a $5 replacement fee per toy. Customers will receive an email for the first instance as a warning without a fee. Subsequent instances will result in notifications detailing the discrepancies and the additional fees applied.

Replacement Policy for Lost FlipJoy Bags

At FlipJoy, we are dedicated to sustainability, and our reusable bags are a key part of this mission. Each member is provided with an initial set of FlipJoy bags, equal to the number of flips in their subscription plan, which are to be used for all future toy exchanges. It is the member’s responsibility to keep track of their FlipJoy bags. In the event that a FlipJoy bag is lost, a replacement fee of $5 per bag will be charged. This fee covers the cost of replacing the lost bag and helps ensure that we can continue to provide a sustainable and high-quality service for all members.

Missed Bag/No Bag Present at Delivery Policy

In the event that a scheduled toy flip cannot be completed due to the absence of the toy bag(s) at the designated location, Members are afforded a courtesy period of four weeks from the original flip date to reschedule their flip(s). To qualify for an upcoming Wednesday flip, members must reschedule before the Tuesday preceding their desired flip date. Rescheduling must be done by noon on the Tuesday prior to the desired flip date through the Member’s profile. The first two instances of a missed bag can be rescheduled at no additional cost. Subsequent instances will incur a $35 rescheduling fee per instance to cover additional logistics and costs. Alternatively, Members may choose to forfeit the missed flip(s) without penalty. It is crucial that the contents of each flip bag remain identical to the submitted and approved photos, as discrepancies between the bag contents and approved photos can incur additional fees.

Porch Piracy Policy

To ensure a secure delivery, FlipJoy captures photos of toy bags at Member’s doorsteps as proof of delivery. Once the delivery is complete, the responsibility for the security of the bag transfers to the customer. In cases where a toy bag is stolen or lost post-delivery, FlipJoy will conduct an individual assessment of the situation. While we strive to support our Members, we cannot guarantee replacement or compensation for lost or stolen items. We recommend prompt retrieval of toy bags and suggest using delivery instructions or notification systems to minimize theft risks.

Expanding Our Service

FlipJoy is committed to expanding its reach to new zip codes, eagerly embracing community feedback through our ‘Request My City’ form. This approach allows us to gauge interest and prioritize expansion efforts, bringing the joy and convenience of our toy swap Service to more families across different communities.

Toy Donations

FlipJoy welcomes toy donations to support our sustainable play initiative. Donations should adhere to the criteria and are subject to the Service areas listed on the donations page. This ensures that contributions are appropriate and benefit our community effectively. To facilitate the donation process, we provide a pickup Service within our designated Service areas. Donation pickups are based on availability, and we will contact donators if we need to reschedule.

As a for-profit organization, FlipJoy cannot provide tax deduction forms for donations.

Member Conduct and Responsibilities

All Members are expected to engage in respectful communication, adhere to applicable laws, provide accurate information, and use the FlipJoy Services responsibly. Unacceptable behaviors, such as harassment, illegal activities, fraud, or Service interference, will not be tolerated. Violations may result in warnings, account suspension, or termination. In severe cases, FlipJoy reserves the right to take legal action. Members encountering or witnessing violations are encouraged to report them to support@flipjoytoys.com.

By participating in FlipJoy, Members agree to uphold these standards of conduct and responsibilities, ensuring a positive, fair, and enjoyable experience for the entire community.

9. Resolution of Issues and Customer Satisfaction

At FlipJoy, our commitment extends beyond providing toys; we aim to deliver joy and satisfaction with every flip. Understanding that issues can occasionally arise, we’ve established a straightforward process to address your concerns promptly and effectively.

Reporting Issues

To maintain a high standard of Service and address any concerns quickly, any issues with a Member’s flips must be reported within 30 days of the scheduled flip date utilizing our “I Need Help” form that can be accessed via the Member profile. Members will be required to submit the FlipID associated with the issue. FlipIDs are provided in the Member’s confirmation email. If a Member is unable to locate their FlipID(s), they can be looked up utilizing the “Find My FlipID” form via the Member profile.

Choose Your Preferred Resolution

We recognize that each situation is unique, and we strive to offer solutions tailored to Members’ needs. If you encounter an issue with a flip, you may select one of the resolution options listed on the “I Need Help” form. Please choose carefully, as continuous selection of these options without just cause may lead to an investigation, and could affect your eligibility for future resolutions.

Conditions and Rights

While FlipJoy aims to accommodate and resolve customer issues, it is important to note that the provision of these resolution options is at our discretion and not a guaranteed entitlement. FlipJoy reserves the right to modify, remove, or enhance resolution options at any time without prior notice, ensuring our Services adapt to changing needs and circumstances.

Non-Flip Related Inquiries

For issues not related to toy flips, Members may also use the “I Need Help” form. While we strive to accommodate these requests, please note that FlipJoy is under no obligation to fulfill non-contractual suggestions or needs.

10. Subscription, Cancellation, and Refund Policy

Cost of FlipJoy’s Services

Pricing for our subscription plans and additional Services is subject to change. The most current pricing information can be found on the Pricing page of our Website. We encourage Members to review this page for the latest pricing details.

Subscription Types and Renewal

FlipJoy offers flexible subscription models to accommodate our Members’ preferences for toy swap frequency:

Monthly Subscription: Members can opt for 1 to 4 toy swaps per month. This plan auto-renews monthly, facilitating continuous access to the toy swap Service.

6-Month Subscription: Members can choose to have 1 to 4 toy swaps per month, paid upfront for six months. This plan offers a discounted rate, providing cost savings over the monthly subscription, and is ideal for those seeking a longer-term commitment with consistent toy swaps.

Flexibility Plan: This non-renewing plan allows Members to purchase a bundle of 6 swaps that can be used at any point within a year, offering the utmost flexibility for those who prefer sporadic swaps rather than a fixed monthly schedule.

Cancellation and Refund Eligibility

Understanding the dynamic nature of our Members’ lives, FlipJoy offers the ability to cancel subscriptions at any point before the next billing cycle to prevent further charges. Recognizing the need for flexibility, we provide a 48-hour grace period following the renewal charge for our 6-Month and Flexibility Plans, allowing for last-minute changes without financial penalty. This grace period is a testament to our commitment to accommodating the unforeseen changes in our Members’ lives. However, it’s important to note that this grace period does not extend to our Monthly Subscription plan, which is subject to our standard fee per month, ensuring access to our monthly toy swap Service.

Timely Cancellation and Refund Process

To ensure fairness and transparency, subscribers are encouraged to cancel their subscription before the recurrent charge date to avoid further charges. This policy applies across all subscription types, emphasizing the importance of timely cancellation to avoid unwanted billing. For subscribers under the 6-Month or Flexibility Plans, we do not offer prorated refunds for cancellations made during the subscription period, underscoring the commitment to the chosen subscription term. However, our 48-hour grace period post-renewal for these plans offers a cushion for subscribers to make changes if necessary, reflecting our understanding of life’s unpredictability.

Understanding Non-Utilization

At FlipJoy, we recognize that there may be months when you choose not to schedule a toy flip. While we encourage taking full advantage of your subscription for continuous play and discovery, we understand that flexibility is key. It’s important to note that non-utilization of the flip opportunity within your subscription period does not qualify for a refund, as our fees cover the ongoing access to and maintenance of the Service, ensuring that it remains available whenever you choose to use it.

Refund Process and Non-Refundable Circumstances

Should you find the need to request a refund, our customer service team is ready to assist. Refunds, when applicable, are processed back to the original payment method used for the subscription, typically within 5-10 business days. However, refunds will not be issued for non-utilization of the flip opportunity within the subscription period or for cancellations made after the 48-hour grace period following the subscription renewal charge.

Subscription Changes

FlipJoy allows subscribers to modify their subscription plans to adapt to their changing needs. Subscribers can alter the number of flips per month or switch between subscription types using different processes outlined below:

Changing the Number of Flips per Month: To adjust the number of monthly flips, Members must fill out the Subscription Change Request form on our website. Upgrades can be applied immediately or at the start of the next membership cycle. Downgrades are scheduled to take effect at the beginning of the next billing period, ensuring members receive the full value of the subscription level they’ve already paid for.

Upgrades

Monthly Subscription: For upgrades, choose to have the change take effect immediately, incurring additional charges for the current month, or wait until the next billing cycle. For example, if you upgrade from 1 flip to 2 flips per month, you can start enjoying your additional flip immediately or from the next month, with your future subscription fee adjusting to the new rate based on the number of flips.

6-Month Subscription: If you decide to upgrade during your subscription term, the additional cost will be calculated based on the remaining months in your 6-month plan and the difference in cost per flip. For example, if you’re in the third month of a 6-month plan and want to increase your flips, the prorated charge will cover the cost difference for the remaining three months. If you choose to upgrade at the start of your next billing cycle, your subscription rate will simply adjust to the higher flip per month rate at that time.

Flexibility Plan: This plan is fixed in terms of the number of flips (6 flips over a year) and does not support mid-term upgrades. If you need more flips, you can consider transitioning to a monthly or 6-month plan once you complete your 6 flips.

Downgrades

Downgrading your plan will not result in an immediate refund or credit but will adjust your subscription rate for the following billing cycle. You will continue to have full access to and are encouraged to utilize your current number of flips per month until the change occurs at the start of the next billing cycle.

Switching Between Subscription Types

To change between Monthly, 6-Month, and Flexibility Plan types, Members must cancel their current plan prior to auto-renewal and then purchase a new plan or reach out via the “I Need Help” form for personalized assistance. These plan type changes cannot occur mid-cycle.

Subscribers will receive a confirmation email detailing their subscription changes, including the effective date and any adjustments to billing. FlipJoy is dedicated to providing a flexible subscription model, ensuring that our Service aligns with the dynamic needs of our Members.

Billing Inquiries

In our commitment to customer satisfaction and to ensure smooth transaction processes, we use Stripe for secure payment processing. We strongly encourage our Members to bring any billing or service-related concerns directly to our attention before initiating a chargeback or dispute with their credit card issuer or Stripe. We prioritize resolving issues promptly and amicably, aiming to maintain a positive relationship with our customers and ensure uninterrupted service. By addressing concerns directly with us, Members help avoid potential complications, such as frozen accounts, that could arise from disputes. We are dedicated to providing clear and responsive solutions to all inquiries and concerns to ensure your satisfaction with our services.

11. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FlipJoy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website and the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end Member license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FlipJoy. Any use of the Website or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademark Rights

FlipJoy asserts its common law trademark rights over its name, logo, and any other brand elements associated with its Services. These marks are used in commerce by FlipJoy and signify the source of our quality Services. While not formally registered, FlipJoy’s trademarks are protected under common law trademark rights, which recognize our exclusive use of these marks in connection with our Services. Unauthorized use, replication, or modification of any FlipJoy trademark without our express written permission is strictly prohibited and may lead to legal action to protect our intellectual property. For any inquiries regarding the use of FlipJoy’s trademarks or to obtain permission for use, please contact support@flipjoytoys.com.

Member-Generated Content (UGC) for Toy Approvals

Members will be uploading photos of their toys solely for the purpose of approval for toy swaps. These photos will not be publicly displayed, shared, or used for any other purpose than toy swap approval. FlipJoy commits to maintaining the privacy and intended use of these photos, ensuring they are only accessed by the necessary personnel for approval purposes.

Third-Party References

FlipJoy may reference third-party products, Services, or companies, such as Lovevery, for illustrative purposes only. Such references do not imply any endorsement, affiliation, or association with these third parties. All trademarks, Service marks, and trade names of third parties mentioned on the FlipJoy website or Services are the property of their respective owners.

All statements and/or opinions expressed in these references, and all articles and responses to questions and other content, other than the content directly provided by FlipJoy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FlipJoy. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Use of Royalty-Free Stock Images

FlipJoy utilizes royalty-free stock images sourced from various online platforms, including Unsplash, Pixabay, and others, to enhance the visual appeal of our Services. These images are governed by the terms and conditions of the respective platforms from which they are sourced. While these images are royalty-free and available for use under specific licenses, it is the responsibility of third parties to understand and adhere to the licensing terms if they choose to use the same images. FlipJoy ensures compliance with the licensing terms of the source platforms for all stock images used.

Member-Generated and FlipJoy-Provided Content

Members may upload photos of their toys solely for the purpose of swap approval. These photos will not be shared externally or used for promotional purposes. Additionally, FlipJoy may provide images, including those depicting toy combinations, for illustrative purposes. These images may include visible third-party trademarks, which are the property of their respective owners and are used here for illustrative purposes only. Members are responsible for ensuring that any content they upload complies with applicable laws and does not infringe on the rights of third parties.

Reporting Infringement

FlipJoy respects the intellectual property rights of others and expects its Members to do the same. If you believe that your copyright or other intellectual property rights have been infringed by content on the FlipJoy platform, or if you notice content that you believe infringes on the rights of a third party, we encourage you to let us know.

To report suspected infringement, please provide us with the following information:

  • A detailed description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the FlipJoy platform (please provide specific URL(s)).
  • Your contact information, including address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your notice of alleged infringement to us at support@flipjoytoys.com

Upon receiving a notice of alleged infringement, FlipJoy will take whatever action it deems appropriate, including removal of the challenged content from the platform. We may also contact the poster of the allegedly infringing content to give them an opportunity to respond to the claim. Repeat infringers will have their access to the FlipJoy platform terminated.

FlipJoy is committed to protecting its intellectual property and that of others, ensuring a respectful and legally sound community. Compliance with these provisions is mandatory for all Members.

12. FlipJoy’s Toy Rental Service

FlipJoy’s toy rental service is an extension of our core toy swap service, designed to accommodate those who may not have toys to swap but still want to experience the joy of FlipJoy. This service provides a curated selection of toys, allowing families to enjoy the benefits of FlipJoy on a short-term basis. By participating in the toy rental service, you agree to be bound by all applicable FlipJoy policies, including our Terms of Service, Privacy Policy, Accessibility Policy, and Cookies Policy. These policies govern your use of the rental service in the same way they apply to our core toy swap service. By using our rental service, you acknowledge that you have reviewed and agreed to these terms and policies, which are available for your reference on our website.

Service Description

FlipJoy’s toy rental service offers a flexible, short-term solution for families needing toys temporarily. You can provide optional information such as the number of children, their ages, genders, and interests to customize the selection, or you can leave the choice up to us. You may also choose to include books with your rental.

Rental Period, Pricing, and Delivery

  • Rental Period: Rentals are available on a daily basis, with a minimum rental period of two days. Any part of a day counts as a full rental day when calculating rental totals.
  • Pricing: The pricing for toy rentals includes delivery and pickup within our service areas. The current pricing and service areas are displayed on our website. We do not deliver to the airport or locations outside these areas. However, with approval from local home rentals or hotels within our service area, we can deliver directly to you there.
  • Delivery/Pickup Scheduling: You will select the start and end dates, along with a preferred delivery and pickup time window. Please ensure someone is available at the delivery location during these times. If your rental is being delivered to a hotel, please notify the front desk to ensure a smooth handoff. If we are unable to complete delivery at the scheduled time, it may be subject to an additional delivery fee or cancellation without a refund. If we are unable to pick up the toys at the scheduled time, an additional rental day fee may apply.
  • Reservation Updates: To make changes to your delivery or pickup date, time, drop-off/pick-up location, or contact information, please notify us at least 24 hours in advance by emailing rentals@flipjoytoys.com. This will allow us to adjust your rental without incurring additional fees.
  • Rental Extensions: If you wish to extend your rental period, please contact us at least 24 hours before the scheduled pickup time. Extensions are subject to availability. If the extension is approved, we will automatically charge the card on file for the additional rental day(s). The extension will be confirmed, and your rental period updated, once the payment has been successfully processed.

Toy Quality, Condition, and Usage

  • Quality Assurance: All toys provided through our rental service are carefully inspected, cleaned, and sanitized using kid-safe products. Please note that as a toy swap company, the toys are in good condition but may show signs of wear as they are previously loved toys.
  • Responsibility for Rented Toys and FlipJoy Bags: We understand that toys may experience normal wear and tear during playtime. If something happens to a toy or FlipJoy bag, please inform us as soon as possible. While we aim to be understanding, please ensure toys are returned in good condition. In the event of significant damage or loss, a replacement fee may be charged, based on the assessed value of the toy or FlipJoy bag. This fee will be communicated to you prior to processing.
  • Supervision and Usage: You agree to supervise children during play and ensure that the toys are used in a safe and appropriate manner for the individual children utilizing them. By utilizing the toy rental service, you agree to and are subject to the Acceptance of Risk and Liability as outlined in the general FlipJoy Terms of Service.

Cancellations and Refunds

  • Cancellation Policy: Payments for rentals are required upfront. If you need to cancel your rental, you may do so with a full refund if the cancellation is made at least 48 hours before the start of the rental delivery window. Cancellations made less than 48 hours before the start of the rental delivery window are not eligible for a refund.
  • Refund Requests: To request a refund, please contact us at rentals@flipjoytoys.com. Once approved, refunds are typically processed back to your original payment method within 5-10 business days. However, depending on your bank or credit card provider, it may take additional time for the funds to appear in your account.

The use of FlipJoy’s toy rental service falls under the same Terms of Service, Privacy Policy, Accessibility Policy, and Cookies Policy as the FlipJoy toy swap subscription service. By utilizing the rental service, you agree to adhere to these terms and policies.

13. Acceptance of Risk and Liability

Service Description and Member Responsibility

FlipJoy’s Services are designed to enrich the lives of children through sustainable play by providing access to a rotating selection of quality-controlled, sanitized, and age-appropriate toys. While we endeavor to ensure the highest standards of safety and cleanliness, the nature of shared toys carries inherent risks. Once toys are delivered to a Member’s home, they become the Member’s property and responsibility. FlipJoy is not liable for any damage, loss, or incidents related to their use after delivery. Members are urged to supervise children during play and inspect toys upon arrival to ensure they remain appropriate and safe for use.

Assumption of Risk and Release of Liability

By using FlipJoy’s Services, Members acknowledge, assume, and accept the inherent risks associated with children’s play, especially with pre-loved toys. Despite our rigorous sanitization and quality control measures, there remains a possibility of injury, illness, allergic reactions, or other medical consequences.

– Injury: The risk of a child being injured during play, even though toys are quality-checked.

– Illness/Allergic Reactions: The potential for illness or allergic reactions, despite thorough cleaning.

– Choking Hazards: The inherent risk of choking, particularly for young children with toys containing small parts.

– Severe Medical Consequences: The rare but serious risk of severe medical outcomes, including death, from toy-related accidents.

– Pre-CPSIA Toys: FlipJoy conducts thorough inspections to ensure the quality and safety of the toys in our swap inventory. However, due to the nature of our toy swap service involving a variety of pre-owned toys, we cannot guarantee that all toys will meet the specific standards set forth by the Consumer Product Safety Improvement Act (CPSIA) of 2008. This includes toys manufactured before the act was implemented or those that may not fully comply with current safety standards. We urge families to exercise discretion and supervise play to ensure child safety.

In consideration of using the Services, Members expressly waive and release any and all claims which they may have, or which they may hereafter have, whether known or unknown, against FlipJoy, and its officers, directors, managers, employees, agents, shareholders/members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to their use of the Services, whether arising out of the ordinary negligence of FlipJoy or any Releasees or otherwise. Members covenant not to make or bring any such claim against FlipJoy or any other Releasee, and forever release and discharge FlipJoy and all other Releasees from liability under such claims. This waiver and release do not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement. Members understand that by consenting to this release, they are waiving any and all claims, of any kind arising out of or attributable to their usage of the Services, including those claims that may be unknown to them, or which they do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, MEMBERS HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS THEY MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Disclaimer of Warranties and Limitation of Liability

FlipJoy provides its Services “as is” without any express or implied warranties. We cannot guarantee the Services will meet every specific need or be entirely uninterrupted, timely, secure, or error-free. Accordingly, FlipJoy 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, arising from or relating to the use or the inability to use our Services.

Members expressly acknowledge and agree to accept all risks associated with the Services and assume full responsibility for the safety and appropriateness of the toys and the supervision of the children who use them.

By engaging with the FlipJoy Services, Members confirm their understanding and acceptance of these terms, acknowledging the shared commitment to fostering a safe and enjoyable play environment for children.

14. Limitation of Liability

To the fullest extent permitted by applicable law, neither FlipJoy nor its affiliates, officers (including its CEO), directors, employees, agents, suppliers, or licensors shall be liable in contract, tort (including negligence), or otherwise for any direct, indirect, incidental, special, punitive, or consequential damages resulting from the breach of these Terms of Service, the use or attempted use or inability to use the Website, Services, or content. This includes, but is not limited to, damages arising from the inherent risks associated with the use of pre-loved toys as outlined in the “Assumption of Risk and Liability” section, such as physical injury, illness, or other health-related issues, as well as lost revenue, lost or stolen data, lost opportunities, damaged devices, or other intangibles, even if we or you have been previously advised of the possibility of such damages.

Disclaimer of Warranties

FlipJoy’s Services are provided on an “AS IS” and “AS AVAILABLE” basis. FlipJoy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FlipJoy makes no warranty that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that defects in the Service or the toys provided will be corrected.

Cap on Liability

In no event will FlipJoy’s aggregate liability for all claims relating to the Services exceed the greater of $100 USD or the amount you paid FlipJoy, if any, in the last 12 months. This cap on liability applies regardless of whether FlipJoy has been advised of the possibility of such damages and regardless of whether any remedy set forth herein is found to have failed its essential purpose.

By using FlipJoy’s Services, you acknowledge and agree to these limitations of liability, understanding that these terms define your recourse should you experience dissatisfaction, harm, or any health-related issues as explicitly outlined in the “Assumption of Risk and Liability” section, or arising from your use of FlipJoy’s Services.

Indemnification

You agree to defend, indemnify, and hold harmless FlipJoy, its affiliates, and their respective officers, directors, shareholders, employees, agents, contractors, licensors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to: (a) your use or attempted use of the FlipJoy Services or content, or any person accessing the Service using your account and password; (b) your breach of these Terms of Service, including any representation, warranty, or covenants made by you; (c) your violation of any law or the rights of a third party, including but not limited to intellectual property, privacy, or publicity rights; (d) any content posted, transmitted, or otherwise made available through the FlipJoy Services by you or someone using your account, including claims of infringement, libel, or slander; or (e) your negligence or willful misconduct.

15. Dispute Resolution

Initial Contact for Dispute Resolution

FlipJoy is committed to providing excellent customer service and resolving any issues in a fair, amicable, and efficient manner. If you encounter any problems or disputes while using our Services, we encourage you to first contact our customer support team at support@flipjoytoys.com. We believe that most concerns can be resolved quickly and to the customer’s satisfaction through this channel.

Mandatory Mediation

If an issue cannot be resolved through customer support, we require that both parties engage in mediation as the initial formal step in the dispute resolution process. Mediation is a collaborative effort to resolve disputes with the help of a neutral third-party mediator, avoiding the adversarial nature and costs associated with litigation or arbitration.

Initiation

Either party can initiate mediation by sending a detailed written notice to the other party, outlining the nature of the dispute and the desired resolution.

Mediator Selection

Both parties will mutually agree on a mediator. If no agreement is reached within ten (10) business days, a mediator will be appointed by a recognized mediation institution chosen by FlipJoy.

Mediation Process

Mediation will occur at a mutually agreed-upon time and location or via virtual means if necessary. Both parties agree to participate in the mediation process in good faith.

Costs

Unless otherwise agreed during the mediation, the costs for the mediator will be shared equally between FlipJoy and the Member. This is to ensure that both parties are invested in resolving the dispute while sharing the financial burden of the mediation process.

Binding Arbitration

Should mediation fail to resolve the dispute, both parties agree to submit to binding arbitration as the final resolution method. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, allowing for more limited review by courts.

Location of Arbitration

The arbitration shall take place in Danville, California, unless both parties agree to a different location in writing. If there are no available arbitrators in Danville, the arbitration may occur in the nearest available location where a qualified arbitrator can be found.

Number of Arbitrators

Arbitration shall be conducted by a single neutral arbitrator. The arbitrator will be selected in accordance with the rules of the recognized arbitration association mutually agreed upon by the parties.

Selection of Arbitrator

The arbitrator will be selected from the association’s roster of neutrals based on their expertise relevant to the dispute and in accordance with the association’s standard selection procedures.

Arbitration Process

The arbitration will be conducted in accordance with the rules of a recognized arbitration association, mutually agreed upon by the parties.

Costs

Each party will bear their own costs in the arbitration process, including attorneys’ fees and expenses unless the arbitration rules or law provide otherwise.

Governing Law and Jurisdiction

This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

Class Action Waiver

By agreeing to these Terms of Service and engaging with the Services, you waive any right to participate in a class action lawsuit or class-wide arbitration. You agree that any disputes will be resolved on an individual basis and that you will not consolidate your claims with those of any other Member or party. This waiver applies to any and all disputes or claims related to your use of the Services, whether arising under federal, state, local statutory, common law, or any other laws or regulations.

Equitable and Injunctive Relief

Notwithstanding the above dispute resolution mechanisms, nothing in these Terms of Service precludes either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the imminent breach of this Agreement or to maintain the status quo pending arbitration.

Statute of Limitations for Disputes

Members agree that any claim or cause of action arising out of or related to the use of FlipJoy’s Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Confidentiality of Proceedings

All parties involved in the mediation or arbitration process agree to maintain the confidentiality of all proceedings, including but not limited to negotiations, exchanged documents, communications, findings, and the outcome of the process. Except as required by law or necessary for the enforcement of any final settlement or award, no party shall disclose any information related to the content or results of the mediation or arbitration to any third party without the prior written consent of the other party.

Member Acknowledgment

By using FlipJoy’s Services, I acknowledge that I have read, understood, and agree to the dispute resolution process outlined above, including the mandatory mediation, binding arbitration, confidentiality requirements, class action waiver, provisions for equitable and injunctive relief, and the statute of limitations for disputes. I understand that this process is a key part of the terms of Service and agree to abide by these guidelines in resolving any disputes with FlipJoy.

16. Access to Website

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict Member access, including registered Member access, to some parts of the Website or the entire Website.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

17. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate FlipJoy, a FlipJoy employee, another Member, or any other person or entity (including, without limitation, by using email addresses or Member names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm FlipJoy or Members of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

18. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

19. Waiver and Severability

No waiver by FlipJoy of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FlipJoy to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

20. Entire Agreement

The Terms of Service, Privacy Policy, Accessibility Policy, and Cookie Policy constitute the sole and entire agreement between you and FlipJoy regarding the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the Services.

21. Modifications to Terms of Service

FlipJoy is committed to maintaining a transparent and trustworthy relationship with our Members, which includes keeping you informed about any changes to our Terms of Service. We understand the importance of these terms in defining our mutual rights and responsibilities, and we reserve the right to make modifications to the Terms of Service as our Service evolves and as necessary to reflect changes in our business practices, Member feedback, or legal and regulatory updates.

Notification of Changes

Any modifications to our Terms of Service will be communicated to our Members through a prominent notice on the FlipJoy website. This approach ensures that all Members have immediate access to the latest information regarding their rights and obligations under the Terms of Service. We strive to ensure that changes are communicated clearly and effectively, allowing you to understand the implications of any modifications on your use of the FlipJoy Service.

Review and Acceptance

We encourage all Members to review the Terms of Service periodically to stay informed about their rights and responsibilities when using the FlipJoy Service. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes your acceptance of those changes. This ongoing review and acceptance process are crucial to maintaining a seamless and enjoyable experience for all Members, ensuring that the FlipJoy community continues to thrive on a foundation of mutual understanding and respect.

By engaging with the FlipJoy Service, you acknowledge and agree to be bound by the most current version of our Terms of Service. We are dedicated to providing a Service that not only brings joy and enrichment to your family but does so within a framework of clear, fair, and mutually agreed-upon terms.

22. Contact Information

At FlipJoy, we are committed to providing exceptional support and Service to all Members of our community. If you have any questions, concerns, or feedback regarding our toy swap Service or any aspect of our Terms of Service, please do not hesitate to reach out to our dedicated customer support team.

How to Reach Us

For the fastest response, please contact us at support@flipjoytoys.com. Our support team is equipped to address your inquiries, provide assistance, and gather your valuable feedback to continually improve our Service.

Our Commitment to You

We understand the importance of clear communication and support in ensuring a positive experience with FlipJoy. Whether you’re seeking more information, need help with your account, or want to share your experience with our Service, our customer support team is here to listen and assist. We are dedicated to fostering a supportive, engaging, and enjoyable environment for all Members of the FlipJoy community.

By maintaining open lines of communication, we aim to build and sustain strong relationships with our Members, grounded in trust, responsiveness, and mutual respect. Your satisfaction and enjoyment of the FlipJoy Service are our top priorities, and we look forward to hearing from you.