Legal Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE FLAGTAP (“COMPANY”) WEBSITE (“COMPANY WEBSITE”) AND THE FLAGTAP SERVICES (“COMPANY SERVICES”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS (“TERMS OF USE”). THE WEBSITE, SERVICES, AND THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE WEBSITE AND SERVICES AFTER THE POSTING OF ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS OF USE CONSTITUTES YOUR ACKNOWLEDGMENT OF SUCH AMENDMENTS AND MODIFICATIONS AND YOUR AGREEMENT TO ABIDE, AND BE BOUND, BY THESE TERMS OF USE AS SO AMENDED AND MODIFIED. IF YOU DO NOT ACCEPT THESE TERMS OF USE AS THEY EXIST ON THE DATE OF YOUR USE OF THE WEBSITE, THEN DO NOT USE THE WEBSITE.

1. Use of Site.

The materials contained on this Website and in the Company Services (such materials include, but are not limited to, the design, layout, artwork and other elements of the website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on this website) are owned by Company and are protected by copyright and trademark law, international treaties, and other intellectual property rights. Company grants to you a limited personal, non-exclusive and non-transferable right and license to view, download, print, and copy materials on this Website and from its Services for your own personal, informational, non-commercial use, provided that (i) you do not modify the materials, (ii) any copies that you may make must be marked “Copyright FlagTap. All rights reserved”; and (iii) you retain all copyright and propriety notices originally contained in the materials on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this Website and on its Services for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this website or any materials contained on this Website except as expressly provided herein.

2. Third-Party Links.

This Website and its Services may provide links to third-party websites. Any such links are provided solely as a convenience to you. Company has no control over these websites or their content and does not assume any responsibility or liability for these websites. Company does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk.

3. Third-Party Materials on the Website and Services.

This Website and Services may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to you. Company has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall Company be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

4. Unauthorized Material on the Website and Services.

A possibility exists that the Website and Services could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Website or Services by unauthorized third-parties. Although Company attempts to ensure the integrity of the Website and Services, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Website and Services. In the event that such an inaccuracy arises, please inform us so that it may be corrected.

5. Trademarks.

FLAGTAP LLC and the FLAGTAP logo are trademarks of FLAGTAP LLC in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Company’s name, logos, trademarks or other intellectual property displayed on this Website and Services except as expressly provided herein or by obtaining the written permission of Company or such other third party owner, as applicable. You acknowledge that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

6. Privacy and Protection of Personal Information

See the Privacy Statement at flagtap.com/privacy for disclosures relating to the collection and use of your information.

7. Member Account, Password and Security

You may choose to create an account at our Website if you are over the age of thirteen (13). Do not register if you are not over the age of thirteen (13). If you are over the age of thirteen (13) and you open an account on the Website (“Account”), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will be required to choose a password and user name for access to your Account. You are entirely responsible for maintaining the confidentiality of your password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Company immediately of any unauthorized use of your Account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.

8. Payment Transaction Processing

Certain products or services may be offered for sale on the Website, such as reward points or account memberships. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service.

Some services offered by Company are subscription-based or auto-billed services. For subscription-based or auto-billed Services offered by Company, such as the Account Membership or automatic account refills, you hereby agree to pay all charges to your Account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

By providing payment account information, you thereby authorize the charge to your credit card or other account as necessary to complete the process for your payment transaction. You also authorize Company to store and to use your payment account information to renew automatically renewing subscription Services on the Web Site in addition to processing any credits such as refunds or adjustments. You shall be responsible for all charges incurred through your Account as well as for paying any applicable taxes.

9. Automatic Renewal Terms

Your subscription (if applicable) will be automatically renewed and your credit card will be automatically charged on an annual or quarterly basis (or such other periodic basis as is listed on the Web Site and/or Service sign-up), depending upon the billing terms for your subscription, for as long as you remain a member. You agree that Company will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card or other account (such as your PayPal account) has been charged.

In addition, if you elected to automatically purchase reward points in order to avoid unexpected offer closure due to lack of funds, your credit card will be automatically charged for the amount of reward points purchased at the original time of your agreement to automatically refill your account or the nearest prior time.

Your right to use the subscription and re-bill services or other specific product or service is conditional upon our receipt of payment. If payment cannot be charged to your credit card (or other account), or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access, reward offers, and account, thereby terminating this Agreement and all Company obligations hereunder. You are required to pay any amounts still owed to us at the time your Account is suspended or terminated.

10. Your Termination of Subscription

You may cancel the automatic renewal of your points refills or subscriptions in the “SETTINGS” section of your account page. Terminations are not retroactive, and unless the billing plan specifies otherwise, you will not be entitled to receive any refund of amounts paid although you will be entitled to access to the subscription service for the remainder of your paid term. If you have an outstanding balance due on any Company Account at the time of cancellation, you hereby agree that Company may charge these unpaid fees to your credit card or other payment account.

11. Company Termination/Access Restriction

Company reserves the right, in its sole discretion, to terminate your access to the Website or any of the Services and the related services or any portion thereof at any time, without notice.

Company may also terminate or suspend your access to the Website or the Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Company.

12. No Unlawful or Prohibited Use

As a condition of your use of the Website and Services, you will not use the Website or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or Services in any manner which could damage, disable, overburden, or impair the Website or any of the Service(s) (or the network(s) connected to the Website and Service(s)) or interfere with any other party's use and enjoyment of the Website and Service(s). You may not attempt to gain unauthorized access to the Website or any Service, other accounts, computer systems or networks connected to the Website or any Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website or any Service (including a Communication Service, as defined below) if you are not expressly authorized by such party to do so.

13. Submissions Provided to Company or Posted at the Web Site

Company does not claim ownership of the rewards you create or the materials you provide to Company (including feedback and suggestions) or post, upload, input or submit to the Web Site or any service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission to Company through any means, you hereby grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submissions; and to publish your name in connection with your Submission. The foregoing license to Company shall be fully paid-up and royalty free. In addition, under no circumstances shall Company have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submissions upon the occurrence of a transfer of all or any portion of Company's business through a merger, sale or transfer of all or substantially all of the assets of Company, nor shall the sale of advertising on the Web Site give rise to any obligation to pay a fee to users or subscribers. Company is under no obligation to post or use any Submission you may provide and Company may remove any Submission at any time in its sole discretion.

None of the Submissions disclosed or posted via the Communication Methods (as defined in the Acceptable Use Policy) shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Company’s part and we shall not be liable for any use or disclosure of any such Submissions.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

14. Contests and Games

Company may provide contests and games on the Website. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.

15. Product Information

The products displayed on the Website can be ordered and delivered only within the United States. All prices displayed on this Website are quoted in US Dollars and are valid and effective only in the United States.

16. No Warranty

This Website, including any content and information contained within it, any Website related service and any third-party product or service made available through the Website, is provided on an “as-is” basis and Company makes no representations or warranties as to the suitability, accuracy, timeliness, completeness, or reliability of the same. Nor does Company make any representations or warranties that access to this Website or materials contained on this Website is uninterrupted, error-free or secure. Company makes no representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You agree that your use of this Website and any materials contained on this Website or your use of any Website related service or any third-party product or service made available through this Website is at your own risk.

17. Limitation of Type of Damages

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, MALFUNCTIONS, DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS, PROFIT OR ANTICIPATORY PROFITS, ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE FOR SUCH SERVICES.

18. Limitation of Amount of Damages

YOU AGREE THAT, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.

19. Jurisdiction

By entering this Website and Services, you acknowledge and agree that Company operates this Website from its offices within the United States of America and that this Website and Services are intended for viewing within the United States only and will only be construed and evaluated according to United States law. Company makes no representations that the materials on this Website and in its Services are appropriate or available for use outside the United States. If you choose to access this Website or its Services from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. You may not use this Website or its Services in violation of United States export laws and regulations. This agreement and use of this Website and its Services shall be governed by the laws of the District of Columbia, without giving effect to its conflicts-of-laws provisions, and all users of this Website submit to the exclusive personal jurisdiction and venue of the Federal and State courts of the District of Columbia with respect to any matters related to use of this Website or to these Terms of Use.

20. Indemnification

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, due to or arising out of (i) your use of or conduct on the Website and/or Services, including but not limited to any allegation that any materials that you submit to Company or post in any Communication Method infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (ii) your use of software robots, spiders, crawlers or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on the infrastructure or is a breach of Paragraph 12.

21. Consent to Receive Notices Electronically by Posting on the Site or Via E-mail

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these terms refer from us electronically including without limitation by e-mail or posting notices on this Site. You agree that all notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by e-mailing us at team@flagtap.com and discontinue your use of this Website and its Services. In such event, all rights granted to you pursuant to these Terms of Use, including, without limitation, the licenses to use the Website and its Services set forth above, shall automatically terminate in that we cannot provide the benefits of the Website and its Services to any party that does not consent to receipt of electronic notices.

Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.

22. Copyright Notice

We respect the intellectual property of others. If you believe that a work has been copied by another party on the Website in a way that constitutes copyright infringement of your work, please email team@flagtap.com to notify us of your claimed infringement.

These Terms of Use were last modified as of September 12, 2012.

Copyright Infringement Notice Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Web Site;

4. Your address, telephone number, and email address;

5. 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; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Send this information to team@flagtap.com.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Acceptable Use Policy – Use of Communication Methods

The Website and Services may contain e-mail services, bulletin board services, chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Methods"). You agree to use the Communication Methods only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Method. By way of example, and not as a limitation, you agree that when using a Communication Method, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other textual, graphical or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Method specifically allows such messages.

Download any file posted by another user of a Communication Method that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Use the Communication Method in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Restrict or inhibit any other user from using and enjoying the Communication Method (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Method.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Method.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable local, state, national or international law or regulation.

Create a false identity for the purpose of misleading others, including, without limitation, impersonating a Company official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Website or any of the Service(s) or other user or usage information or any portion thereof.

Company has no obligation to monitor the Communication Methods. However, Company reserves the right to review materials posted to a Communication Method and to remove or alter any materials in its sole discretion at any time for any reason. Company reserves the right to terminate your access to any or all of the Communication Methods at any time, without notice, for any reason whatsoever.

Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Method. Company does not control or endorse the content, messages or information found in any Communication Method and, therefore, Company specifically disclaims any liability with regard to the Communication Method and any actions resulting from your participation in any Communication Method. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.

Materials uploaded to a Communication Method may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.