Flagship Conditions of Use
Last Updated: January 29, 2023
Welcome to Flagship.shop (the “Website”). This store is operated by Flagship, incorporated as Get Applaud Inc. Flagship provides website features and other products and services to you when you visit or shop at the Website, use Flagship products or services, use Flagship applications for mobile, or use software provided by Flagship. Flagship provides the Flagship Services subject to the following conditions. By using Flagship Services, you agree to these conditions. Please read them carefully.
Modification and Changes to Terms
We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page. It is your responsibility to periodically review these Terms as posted here for any changes. Your continued use of the Properties after the posting of changes to these Terms will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Properties if you do not agree with any changes to these Terms.
Please review our Privacy Notice , which also governs your use of Flagship Services, to understand our practices.
When you use any Flagship Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Flagship Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Flagship Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations and software, is the property of Flagship or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Flagship Service is the exclusive property of Flagship and protected by U.S. and international copyright laws.
License and Site Access
Subject to your compliance with these Conditions of Use and any Service Terms, Flagship grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Flagship Services. This license does not include any resale or commercial use of any Flagship Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Flagship Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Flagship or its licensors, suppliers, rightsholders, or other content providers. No Flagship Service, nor any part of any Flagship Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Flagship. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Flagship without express written consent. You may not use any meta tags or any other "hidden text" utilizing Flagship name or trademarks without the express written consent of Flagship. You may not misuse the Flagship Services. You may use the Flagship Services only as permitted by law. The licenses granted by Flagship terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Flagship Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Flagship does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Flagship Services only with involvement of a parent or guardian. Flagship reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, videos, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Flagship reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Flagship a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Flagship and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Flagship for all claims resulting from content you supply. Flagship has the right but not the obligation to monitor and edit or remove any activity or content. Flagship takes no responsibility and assumes no liability for any content posted by you or any third party.
Flagship respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
All items purchased from Flagship are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
Flagship does not take title to returned items until the item arrives at our returns center.At our discretion, a refund may be issued without requiring a return.In this situation, Flagship does not take title to the refunded item. For more information about our returns and refunds, please see USA Returns and International Returns in our Customer Service pages.
Flagship attempts to be as accurate as possible. However, Flagship does not warrant that product descriptions or other content of any Flagship Service is accurate, complete, reliable, current, or error-free. If a product offered by a Flagship store itself is not as described, you may return it in unused condition.
With respect to items sold on the Website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
Flagship Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Flagship Services (the “Flagship Software”).
Sanctions and Export Policy
You may not use any Flagship Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Flagship Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Flagship Software), technology, and services.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their website. Flagship does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
FLAGSHIP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLAGSHIP SERVICES ARE PROVIDED BY FLAGSHIP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLAGSHIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FLAGSHIP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLAGSHIP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLAGSHIP SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLAGSHIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLAGSHIP DOES NOT WARRANT THAT THE FLAGSHIP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLAGSHIP SERVICES, FLAGSHIP’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF FLAGSHIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS TO THE FULL EXTENT PERMISSIBLE BY LAW,
FLAGSHIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FLAGSHIP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FLAGSHIP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
By using any Flagship Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Flagship.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Flagship Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Flagship the written information specified below. Please note that this procedure is exclusively for notifying Flagship that your copyrighted material has been infringed. Flagship terminates the accounts of repeat infringers.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail 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.
Flagship’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached at: [email protected]
Additional Flagship Software Terms
Use of the Flagship Software. You may use Flagship Software solely for purposes of enabling you to use and enjoy the Flagship Services as provided by Flagship, and as permitted by the Conditions of Use and any Service Terms. You may not incorporate any portion of the Flagship Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (expect to exercise rights granted in this section), modify, created derivative works of, distribute, assign any rights to, or license the Flagship Software in whole or in part. All software used in any Flagship Service is the property of Flagship or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Flagship Software, whether in whole or in part.
Updates. In order to keep the Flagship Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.