Terms of Service
These terms were last updated on May 28, 2020.
1. Introduction; Your Agreement to these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by ClipThat, consisting of the website available at http://www.clipthat.app, and its network of websites, software applications, or any other products or services offered by ClipThat. Other services offered by ClipThat may be subject to separate terms.
The Terms of Service apply whether you are a user that registers an account with the ClipThat Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing or using the ClipThat Services, you are entering into a legally binding agreement between you and ClipThat regarding your use of the ClipThat Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the ClipThat Services.
When using or opening an account with ClipThat on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
2. Use of ClipThat by Minors and Blocked Persons
The ClipThat Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the ClipThat Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The ClipThat Services are also not available to any users previously removed from the ClipThat Services by ClipThat. Finally, the ClipThat Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE CLIPTHAT SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE CLIPTHAT SERVICES.
a. Account and Password
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to ClipThat upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by ClipThat, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. ClipThat reserves all available legal rights and remedies to prevent unauthorized use of the ClipThat Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
b. Third Party Accounts
5. Use of Devices and Services
Access to the ClipThat Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the ClipThat Services.
6. Modification of these Terms of Service
ClipThat may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the ClipThat Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
The ClipThat Services are owned and operated by ClipThat. Unless otherwise indicated, all content, information, and other materials on the ClipThat Services (excluding User Content, set out in Section 8 below), including, without limitation, ClipThat’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the ClipThat Services are the property of ClipThat or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by ClipThat, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the ClipThat Services for your personal use or internal business use only.
ClipThat reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the ClipThat Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the ClipThat Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the ClipThat Services, the Materials, or any information contained in them, except as expressly permitted on the ClipThat Services; or (f) any use of the ClipThat Services or the Materials except for their intended purposes. Any use of the ClipThat Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of ClipThat, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. ClipThat can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the ClipThat Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the ClipThat Services; or (c) we are unable to continue providing the ClipThat Services to you due to technical or legitimate business reasons.
8. User Content
ClipThat allows users to distribute pre-recorded audio-visual works, to use services, such as comments, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the ClipThat Services (“User Content”).
a. License to ClipThat
(i) Unless otherwise agreed to in a written agreement between you and ClipThat that was signed by an authorized representative of ClipThat, if you submit, transmit, display, perform, post or store User Content using the ClipThat Services, you grant ClipThat and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the ClipThat Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that ClipThat and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
(ii) With respect to User Content known as “add-ons”, “maps”, “mods”, the rights granted by you hereunder terminate once you remove or delete such Submitted Projects from the ClipThat Services. You also acknowledge that ClipThat may retain, but not display, distribute, or perform, server copies of Submitted Projects that have been removed or deleted.
b. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of ClipThat or third parties. ClipThat reserves all rights and remedies against any users who breach these representations and warranties.
c. Content is Uploaded at Your Own Risk
ClipThat uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, ClipThat does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that ClipThat shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against ClipThat for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY CLIPTHAT HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Users may promote, administer, or conduct a promotion (a contest or sweepstakes) on, through or utilizing the ClipThat Services (a “ Promotion ”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions. (ii) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. ClipThat has the right to remove your Promotion from the ClipThat Services if ClipThat reasonably believes that your Promotion does not comply with the Terms of Service or applicable law. (iii) ClipThat is not responsible for and does not endorse or support any such Promotions. You may not indicate that ClipThat is a sponsor or co-sponsor of the Promotion. (iv) You will display or read out the following when a Promotion is connection with your Promotion: “This is a promotion by [Your Name]. ClipThat does not sponsor or endorse [Your Name]’s promotion and is not responsible for this promotion”.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the ClipThat Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the ClipThat Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not ClipThat, are solely responsible for any endorsements or testimonials you make regarding any product or service through the ClipThat Services.
f. Political Activity
Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
You agree not to solicit the use of or use any ClipThat monetization tool for the purpose of making or delivering a contribution to a candidate, candidate’s committee, political action committee, ballot committee, or any other campaign committee, or otherwise for the purpose of influencing any election. Candidates for political office are not eligible to use any ClipThat monetization tool on their channels.
9. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the ClipThat Services.
You agree that you will comply with these Terms of Service and ClipThat’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the ClipThat Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the ClipThat Services, or perform any other similar fraudulent activity;
iii. make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the ClipThat Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
iv. harvest or collect the email addresses or other contact information of other users from the ClipThat Services;
v. defame, harass, abuse, threaten or defraud users of the ClipThat Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
vi. remove, circumvent, disable, damage or otherwise interfere with security-related features of the ClipThat Services or User Content, features that prevent or restrict use or copying of any content accessible through the ClipThat Services, features that enforce limitations on the use of the ClipThat Services or User Content, or delete the copyright or other proprietary rights notices on the ClipThat Services or User Content;
vii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the ClipThat Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate or create derivative works based upon the ClipThat Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage operation of the ClipThat Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used and/or licensed by ClipThat, including but not limited to the ClipThat Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures ClipThat may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed ClipThat, including but not limited to the ClipThat Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the ClipThat Services;
xiii. interfere with or disrupt the ClipThat Services or servers or networks connected to the ClipThat Services, or disobey any requirements, procedures, policies or regulations of networks connected to the ClipThat Services; use the ClipThat Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the ClipThat Services, or that could damage, disable, overburden or impair the functioning of the ClipThat Services in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and ClipThat;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the ClipThat Services that you are not authorized to access;
xvi. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the ClipThat Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
ClipThat takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is ClipThat liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the ClipThat Services. Your use of the ClipThat Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the ClipThat Services will not contain any content that is prohibited by such rules.
ClipThat is not liable for any statements or representations included in User Content. ClipThat does not endorse any User Content, opinion, recommendation, or advice expressed therein, and ClipThat expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, ClipThat reserves the right to remove, screen or edit any User Content posted or stored on the ClipThat Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the ClipThat Services at your sole cost and expense. Any use of the ClipThat Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the ClipThat Services.
10. Respecting Copyright
ClipThat respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the ClipThat Services infringes upon your copyright, please submit a notice.
ClipThat, the ClipThat logos, CURSE, the Curse logos, and any other product or service name, logo, or slogan used by ClipThat, and the look and feel of the ClipThat Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of ClipThat, and may not be used in whole or in part in connection with any product or service that is not ClipThat’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ClipThat, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that ClipThat may provide you from time to time.
All other trademarks referenced in the ClipThat Services are the property of their respective owners. Reference on the ClipThat Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
12. Third Party Content
In addition to the User Content, ClipThat may provide other third party content on the ClipThat Services (collectively the “Third-Party Content”). ClipThat does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the ClipThat Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the ClipThat Services (“Reference Sites”). ClipThat does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ClipThat Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
13. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to ClipThat or its employees, you acknowledge and agree that ClipThat shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, ClipThat reserves the right, without notice and in our sole discretion, to terminate your license to use the ClipThat Services (including to post User Content), and to block or prevent your future access to and use of the ClipThat Services, including where we reasonably consider that: (a) your use of the ClipThat Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the ClipThat Services; or (c) we are unable to continue providing the ClipThat Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions, ClipThat Prime or Turbo accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the ClipThat Services, (ii) any term of these Terms of Service, (iii) any policy or practice of ClipThat in operating the ClipThat Services, or (iv) any content or information transmitted through the ClipThat Services, is to terminate your account and to discontinue use of any and all parts of the ClipThat Services.
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
c. Entire Agreement.
16. Contact ClipThat
For all enquiries please send an email to firstname.lastname@example.org.