Last Updated: April 22, 2016
These Terms of Service ("Terms") are between you and Clipisode, Inc. ("Clipisode"). These Terms govern your access to and use of the Clipisode services, including our mobile applications, software, and websites ("Services") as well as any live videos, video recordings, sounds, voices, music, images, information, text, graphics, artwork, photos, or other materials uploaded, downloaded, or appearing on the Services ("Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are solely responsible for your use of the Services, for any Content you post to or receive or access from the Services, and for any consequences thereof. All Content you post will be able to be viewed by other users of the Services as well as through third party services, social networks, and websites. Only post Content that you are comfortable sharing with others under these Terms.
Always be mindful that your Content may eventually be viewed worldwide.
Visitors are welcome to use certain features of the Services and to access, view, and publish certain Content, and do not need to set up an Account. Use of the Services by visitors is subject to these Terms.
If you want to initiate published video exchanges and produce Clipisodes, you create an account ("Account") with us by registering and providing us with certain authentication information. You are solely responsible for the use of your password and any other login credentials.
Content may be posted by Account holders or by visitors. You are solely responsible for the Content you post and for any consequences thereof. We may, but are not required to, monitor, block, control, or remove any Content posted using the Services, including, without limitation, Content that is unlawful, offensive, obscene, harmful, inaccurate, deceptive or otherwise inappropriate. We are not responsible for and do not endorse any Content.
In order to make the Services available to you and other users, we need a license from you. By posting Content on or through the Services, you grant us an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Clipisode to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Clipisode for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
You must have the right to post your Content and to grant us the license set forth above. You represent and warrant (a) that you have all the rights, power and authority necessary to post the Content and to grant the rights granted herein, and (b) that your Content does not infringe, misappropriate or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. If any Content you post is held by you under a license from a third party, you are solely responsible to pay all royalties, fees, and any other monies owed by you in connection with such Content.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We and our user community expect that you will act responsibly in your use of the Services. Each user agrees not to do any of the following in using the Services, or any similar actions:
- • Transmit, post, distribute, store or destroy material, including without limitation, any Content, in violation of any applicable law or regulation, including those governing the collection, processing, or transfer of personal information.
- • Promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs, pirated music or other media or links to such materials.
- • Use the Services for any unlawful purpose or any illegal activity, or post or submit any Content that is defamatory, libelous, offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, or of a harassing or menacing character, or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Clipisode in sole its discretion.
- • Post any Content that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms.
- • Solicit passwords or personally identifiable information from other users.
- • Harass, or incite or advocate harassment of any group, company, or individual.
- • Send unsolicited mail, email or messages, or make unsolicited phone calls promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by the user.
- • Remove, alter or conceal any copyright, trademark, service mark displayed or embedded by Clipisode in connection with the Services.
Subject to these Terms, Clipisode grants you a worldwide, non-exclusive, non-transferable and non-sublicensable right to use the Services for your personal use. This license allows you to use the Services for purposes of posting your Content. This license does not permit you to sell, re-sell, sublicense, lease, farm out, modify, or otherwise distribute the Services to any third party.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Clipisode, Inc. and its licensors. Clipisode, Inc. reserves all rights not expressly granted in these Terms.
The Clipisode name and logo are trademarks of Clipisode, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Clipisode.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
Clipisode is not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. You are solely responsible for saving and storing back-up copies of your Content. We also reserve the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You are solely responsible for all data charges you incur through use of the Services.
You may use the Services only if you can form a binding contract with us. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
No user is permitted to:
- • Access data not intended for the user or log into a server or account which the user is not authorized to access;
- • Attempt to interfere with the Services, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," "crashing," or otherwise disrupting the Services.
- • Use any device to navigate or search the Services other than with the tools made available through the Services, generally available third party web browsers, or other tools approved by Clipisode.
- • Use any data mining, robots or similar data gathering or extraction methods.
- • Violate or attempt to violate the security of the Services, including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or take measures to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent the security of the Services.
- • Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
- • Frame or link to any content or information available from the Services, unless permitted by these Terms.
- • Forge any transmission control protocol/internet protocol (TCP/IP) packet header or any part of the header information in any posted Content, or in any way use the Services to send altered, deceptive or false source-identifying information.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Clipisode, its users and the public.
Please read this section carefully because it limits the liability of Clipisode. References to Clipisode in this Section shall be deemed to include and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors.
Each of the provisions below only applies to the extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result some or all of the provisions in this Section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- • Services Used At Your Risk. Your access to and use of the Services or any Content is solely at your own risk.
- • Services Provided "As-Is." You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. CLIPISODE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- • Additional Warranty Disclaimers. Clipisode makes no warranties and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Clipisode, will create any warranty not expressly made herein.
- • Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Clipisode of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- • Limitation of Liability. EXCEPT AS EXPRESSLY STATED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIPISODE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (i) THE SERVICES AND ANY ERRORS, OMISSIONS OR DELAYS IN THEIR OPERATION; (ii) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (iii) ANY CONDUCT BY YOU OR ANY OTHER USER OF THE SERVICES, (iv) ANY CONTENT YOU POST ON OR RECEIVE OR OBTAIN FROM THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT;(v) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT; (vi) ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH, VIRUS, OR OTHER CAUSE.
- • IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLIPISODE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CLIPISODE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
- • THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CLIPISODE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- • Indemnification. You will indemnify and hold harmless Clipisode from and against any third party claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.
Please note that by agreeing to arbitration, you are giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator and not a judge or jury. Arbitration procedures are more limited than the rules that apply in a court, but the arbitrator's decisions are binding and enforceable in the same way as a court order. Arbitration procedures and decisions are also subject to only very limited review by a court.
For more information on arbitration, the AAA, and its rules and procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website.
The Terms will continue to apply until terminated by either you or Clipisode as follows.
You may end your legal agreement with Clipisode at any time for any reason by deactivating your Account and discontinuing your use of the Services. In order to deactivate your Account, please contact us at firstname.lastname@example.org.
We may suspend or terminate your Account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
The failure of Clipisode to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Your Account is personal to you, and neither your Account nor your rights or obligations under these Terms may be assigned or transferred by you without Clipisode's prior written consent. Clipisode may assign, transfer or delegate any of its rights under these Terms at any time in its sole discretion, without your consent.
Any notices or other communications provided by Clipisode under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Clipisode reserves the right to modify or amend these Terms, in whole or in part and at any time, in its sole discretion. No changes to these Terms shall be made except by a revised posting on this page. Any changes will be effective from and after the date of published changes. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at: email@example.com.