Thank you for using CLIPKICK!
Here are the CLIPKICK – Terms of Service
Last Modified on October 5, 2020
IMPORTANT: PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE CONTINUING TO USE THIS APPLICATION OR ASSOCIATED SERVICES.
SECTION 15 OF THIS AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US.
PLEASE READ IT CAREFULLY.
This Terms of Service (the “Agreement”) is a legal agreement between you as an individual and Clipkick, Inc. (“Clipkick”). It governs the terms and conditions relating to our operation and your use of the social media application known as “Clipkick” (the “App”), which includes: (i) associated software components; (ii) graphic and audio elements; (iii) media; (iv) the Clipkick website located at www.clipkick.tv (the “Site”); (v) social components (such as, but not limited to, on-line communities, forums, user-to-user communication, and chat rooms); (vi) other associated mobile applications; (vii) online or electronic documentation; and (viii) other elements that may be added from time to time.
By using the App, even without creating an account, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to download or use the App.
Clipkick reserves the right to update this Agreement at any time, by posting the most current version of the Agreement on the Site or within the App, with a new Effective Date shown. All changes in the Agreement are effective as of the Effective Date. Your continued use of the App after we post any changes to the Agreement signifies your agreement to those changes. If you do not agree to the then-current Agreement, you must immediately stop using the App.
Your use of the App is solely controlled by this Agreement, which cannot be changed except by a written agreement signed by both you and an authorized representative of Clipkick. The App is licensed, not sold.
You must be at least 13 years of age to access and use the App.
ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT OR ANY PRIVILEGES ASSOCIATED WITH THE APP, AS DETAILED BELOW.
- Grant of License
The App is licensed to you by Clipkick for personal use on your mobile smartphone device, desktop computer or other authorized devices. All other uses are prohibited.
- Your Username. You may not use as a username (i) the name of another person or entity, (ii) a name that is not lawfully available for use, or (iii) a name or trademark that is subject to any rights of another person or entity other than you, without explicit authorization from that person or entity. You may not use as a username any name that is, in Clipkick’s sole discretion, offensive, vulgar, or obscene. You may not “Park” or otherwise register usernames for accounts that you are not actively using. Clipkick reserves the right to require you to change your username if Clipkick deems it unacceptable, at Clipkick’s sole discretion.
- Account Ownership. You may not buy, sell, give, or trade any account, nor attempt to buy, sell, give, or trade any account. Your account is only licensed to you and is not transferable.
- Suspension of Accounts. We may, at our sole discretion, immediately suspend or terminate your access to the App should your conduct, in our sole determination, fail to conform with this Agreement.
- Data Charges. You agree that you are responsible for any data charges you incur through use of the App.
- User Content and Conduct
- User Generated Content. Any information, material, and content which you and other users post, contribute, share, or otherwise submit through the App (except for the “Shared Content” defined below) is generally known as “User Content.” Your User Content includes your profile picture, as well as any posts, comments, and captions posted on any of the posts, chats, forums, comments sections, or other portions of the App.
By posting User Content, you represent (i) that you are the owner of the User Content or have all of the necessary rights to share the content, and (ii) give Clipkick permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your User Content otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.
This will include, for example, permission to make your User Content available through the App to other users or to use it in our advertising. You are granting to every other user of the App unlimited, non-terminable, and free permission to use all or any part of your User Content for non-commercial purposes.
- Shared Content. The App allows you to share third party video content with other users through your account (the “Shared Content”). This is done by either posting links to that Shared Content and displaying a thumbnail of what the Shared Content looks like on the App, or by embedding the Shared Content within the App (where applicable and allowed, at Clipkick’s sole discretion). By sharing Shared Content on the App, you are representing that you have all of the necessary rights to share that Shared Content.
- Conduct Policy. You are responsible for your conduct as a member of the Clipkick community and as a user of the App. You agree that you will not engage in conduct or communication (including the sharing of Shared Content or posting of User Content on the App) which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the App an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the App;
- hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the App experience;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the App or otherwise interferes with the App;
- is a “chain letter,” or constitutes “junk mail”;
- specifies or claims that that you are affiliated with Clipkick when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Clipkick;
- requests account login information from other users;
- “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
- uses or possesses programs to “crack” the App or other Internet security tools;
- contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the App; or
- anything else that Clipkick, in its sole determination, deems offensive or harmful to the App or to Clipkick’s integrity or business.
- Video Only Content. Clipkick is a platform designed and built for a community of video enthusiasts. You agree that content you share on Clipkick will contain video. If you share content that does not contain video, or there is no video close to the top of the page shared, the Shared Content posted by you may be hidden from public view or removed at Clipkick’s sole discretion. Users that repeatedly share content that does not contain video may have their accounts disabled, at Clipkick’s sole discretion.
- Appropriateness of Content. You agree that some Shared Content or User Content may not be shareable on the App, including Shared Content which does not have embedded thumbnails or metadata, or that does not meet Clipkick’s standards. The decision of what is and is not shareable is at Clipkick’s sole discretion. YOU AGREE THAT CLIPKICK HAS THE RIGHT TO DISABLE ANY USER CONTENT OR SHARED CONTENT THAT YOU HAVE POSTED, WITHOUT ANY NOTICE TO YOU.
- Age Restricted Content. Any Shared Content shared to the App that is deemed “Age Restricted” or “Sensitive” by any third party content provider can only shared to playlists set to “Private” in the App. Shared Content deemed aged restricted or sensitive by third parties that is shared to public playlists in the App will be deemed not shareable and hidden from public view or removed at Clipkick’s sole discretion.
- Visibility of User Content. Except in certain situations (due to privacy settings or when sharing Shared Content directly to another user, for example), when you share User Content, you are doing so publicly. In any case, Clipkick does not guarantee the privacy of any User Content. If you post any User Content on the App, post a reply to another user’s User Content or Shared Content, or interact with the App in any way, it may potentially be visible to anyone.
- App Content
- Access to Content. App content, including User Content and Shared Content from you and other users, Clipkick-owned content, and all other text, videos, music, and other content contained within the App (collectively, the “Content”), is provided to you as-is. You may access this Content for your information and personal use solely as intended through the provided functionality of the App and as permitted under this Agreement. You may not copy, download, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Clipkick or the respective licensors of the Content. Clipkick and its licensors reserve all rights not expressly granted in and to the App and the Content.
- Exposure to Content. You understand that when using the App, you will be exposed to Content from a variety of sources and that Clipkick is not responsible for prescreening, monitoring, editing, or removing such Content, nor for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You understand that Clipkick is not responsible for the conduct of any user of the App. You understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.
- The App is supported by advertising revenue and may display advertisements and promotions within the App. You understand that Clipkick may present those advertisements and promotional materials to you or other users of Clipkick, either on their own or in conjunction with your User Content, your Shared Content, and other users’ User Content and Shared Content without compensation or notice to you. The way these materials are presented, including time, placement, appearance, and frequency, may change without any notice to you. These advertisements and promotions, along with other sponsored content and commercial communications, may not always be identified as such.
- Linked Services
The App, or third parties (including other App users), may provide links within the App to other websites, apps, content, or resources, including the Shared Content (collectively, the “Linked Services”), which are not maintained by, or related to ClipKick or the App.
Links to the Linked Services are provided as a service to our users and are not sponsored by, endorsed, or otherwise affiliated with Clipkick. Clipkick has no control over these Linked Services and any content on them, and makes no representations or warranties about the content, completeness, quality, or accuracy of any such Linked Service.
Because of this, you acknowledge and agree that Clipkick is not responsible for the availability of such Linked Services, and that Clipkick does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these Linked Services. You also acknowledge and agree that Clipkick is not responsible or liable, directly or indirectly, for any damage or loss caused by the use of any content, goods, or services offered through these Linked Services or any failures or disruption to your device that results from your use of any such Linked Services, or for any intellectual property or other third-party claims relating to your posting or using such Linked Services.
Your conduct and business dealings between you and any third parties found through the App are solely between you and that third party.
- Other Rights and Limitations
- Maintenance of Copyright and Trademark Notices. You agree not to remove or alter any copyright or trademark notices that appear anywhere within the App.
- The license granted under this Agreement is non-transferable. The App and your account are licensed for your use only and only on a mobile smartphone device or other authorized device. You may not distribute the App to any third party.
- Prohibition on Reverse Engineering. You may not reverse engineer, decompile, or disassemble the App, or take any steps to recreate or recover the source code of the App.
- Support Services. Clipkick may, in its sole discretion, provide you with support services related to the App (“Support Services”). Clipkick is not required to provide Support Services, unless otherwise required by applicable law. No failure to provide Support Services will be a default of Clipkick under this Agreement. Clipkick support may be reached via email at firstname.lastname@example.org.
- Compliance with Applicable Laws. You agree to fully comply with all applicable laws regarding your use of the App.
- Term, Termination, Modification of Terms of Service
The term of this Agreement begins when you download the App, and continues for as long as you have any copies of the App in your possession or control. Without prejudice to any other of its rights, Clipkick may unilaterally terminate or modify this Agreement at any time and for any reason or for no reason, with no notice to you.
For example, Clipkick may elect to terminate this Agreement if ClipKick, in its sole determination, discontinues the App, stops supporting or maintaining the App, ceases to provide updates, no longer offers the App for license, or believes you have failed to comply with the terms and conditions of this Agreement.
In the event of termination, (i) no refunds will be made; and (ii) you must promptly destroy, uninstall, or delete all copies of the App in your possession. If modification of the Agreement by Clipkick materially affects your rights in connection with the App, as determined by Clipkick in its sole determination, Clipkick may, but is under no obligation to, notify you by sending an email message to your last email address known to Clipkick or through the App. Clipkick has no liability if you do not receive Clipkick’s notification.
Termination of this Agreement can only occur after the deletion of all copies of the App in your possession, and by deleting your account, if any, in the app settings or notifying us at email@example.com.
- Clipkick Copyright and Trademark
As between you and Clipkick, all rights in and to the App and any copies of the App, are owned by Clipkick. As between you and Clipkick, all title and intellectual property rights in and to the Content which may be accessed through use of the App is the property of Clipkick or its respective rights holders, and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such Content except in and in connection with the App, as set forth in this Agreement. All rights not expressly granted are reserved by Clipkick.
The Clipkick name and logo are the exclusive trademarks of Clipkick, and may not be copied or used, in whole or in part, without Clipkick’s prior written permission.
- Digital Millennium Copyright Act
If you are a copyright owner or their agent, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached by physical or electronic mail at the following addresses:
The McArthur Law Firm, PC
11400 West Olympic Boulevard, Suite 200
Los Angeles, CA 90064
- No Warranties
Clipkick expressly disclaims any warranty in, to, or for the App. The App is provided “As Is,” without any express or implied warranty of any kind.
CLIPKICK EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
You assume the entire risk associated with operation of the App. Clipkick does not warrant or assume responsibility for the accuracy or completeness of any Content, information, text, graphics, links or other items contained within the App. Clipkick makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Clipkick further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the App. Clipkick cannot guarantee the integrity of the App or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the App is loaded and operating.
- Limitation of Liability
In no event will Clipkick be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost information) rising out of your use of, or inability to use, the App, or the use or inability to use the App by any third party that may have access to the App by or through you, even if Clipkick has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise.
Clipkick has no liability with respect to user conduct, the Content of the App or any part of the App, including but not limited to, errors or omissions, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. The limitation of liability set forth here may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supersede local law.
Clipkick has no liability with respect to any third-party content, including but not limited to Shared Content, User Content, advertisements, videos, images, or other content displayed as part of the App.
Clipkick is not a backup service, and you agree and acknowledge that Clipkick has NO LIABILITY to keep backups or archive copies of your Content or any Content, and you agree not to rely on Clipkick to do so. Clipkick is NOT LIABLE for any loss of Content whatsoever.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CLIPKICK FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO ONE HUNDRED DOLLARS (US $100.00).
You agree to indemnify and hold Clipkick, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of User Content or Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the App.
- Disclosures Required by Law
Clipkick reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Clipkick reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Clipkick to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD CLIPKICK HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CLIPKICK DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CLIPKICK OR LAW ENFORCEMENT AUTHORITIES.
- Dispute Resolution and Governing Law
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise, this Agreement is governed by and will be construed under the laws of California. Subject to Section 15 below, you agree to submit to the exclusive jurisdiction of the courts of Los Angeles, California to resolve all disputes arising from or related to this Agreement.
- Binding Arbitration
- Agreement to Arbitrate Disputes. You and Clipkick agree that, except as provided in Section 15.5 below, all disputes arising from or related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.
- Arbitration Procedures. Except as otherwise set forth in Section 15.5 below, you may seek any non-injunctive remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Clipkick will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court, rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Clipkick may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND CLIPKICK WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- The arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone, or internet connection appearances.
- You and Clipkick agree that any arbitration will be limited to the Claim between Clipkick and you individually. YOU AND CLIPKICK AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.
- Exceptions to Arbitration. You and Clipkick agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of you or Clipkick’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.
- Arbitration Fees. The party seeking the Claim is responsible for the initial fees to JAMS. All other fees and costs of the arbitration will be apportioned according to the JAMS Rules.
- You and Clipkick agree that if any portion this Section is found illegal or unenforceable (except any portion of Section 15.5), that portion will be severed and the remainder of the Section will be given full force and effect. If Section 15.5 is found to be illegal or unenforceable, then neither you nor Clipkick will elect to arbitrate any Claim falling within that portion of Section 15.5 found to be illegal or unenforceable. Such Claim will be exclusively decided by a court of competent jurisdiction within the City of Los Angeles, California, and you and Clipkick agree to submit to the personal jurisdiction of that court.
- California Residents: General Release
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Miscellaneous Terms
- No Waiver. The failure of Clipkick to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Clipkick must be in writing and signed by an authorized representative of Clipkick.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
- Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
For any questions, or to report any violations of this Agreement to Clipkick, please email us at firstname.lastname@example.org.