{"id":238,"title_ar":null,"title_en":"Terms of Services","title_ch":null,"title_hi":null,"title_es":null,"title_ru":null,"title_pt":null,"title_fr":null,"title_de":null,"title_th":null,"details_ar":null,"details_en":"<p>Welcome to the <strong>Klip-It<\/strong> Site\/App (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us.<\/p>\r\n\r\n<p>These Terms of Use were last updated on 19th of October 2023.<\/p>\r\n\r\n<h6>ACCEPTANCE OF TERMS OF USE<\/h6>\r\n\r\n<p><strong>Klip-It<\/strong>, LLC. (“<strong>Klip-It<\/strong>” “<strong>we<\/strong>” or “<strong>us<\/strong>” or “<strong>our<\/strong>”) owns and operates the Website, www. klipitapp.com, the mobile (“<strong>App<\/strong>”) and any Site\/Apps we have now or in the future that reference these Terms of Use (collectively, "<strong>Site\/App<\/strong>"). By (a) using the Site\/App and Klip- It’s services through the Site\/App, (b) signing up for an account and\/or (c) completing a purchase on the Site\/App, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Policy, incorporated herein by reference and located within our Privacy Policy ( "<strong>Privacy Policy<\/strong>" ), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “<strong>Terms of Use<\/strong>”. The term "using" also includes any person or entity that accesses or uses the Site\/App with crawlers, robots, data mining, or extraction tools or any other functionality.<\/p>\r\n\r\n<p>IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE\/APP AND DO NOT USE ANY KLIP-IT SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE OR AVAIL OF ANY COUPON, PRODUCT OR SERVICE OFFERED THROUGH THE SITE\/APP.<\/p>\r\n\r\n<ol style=\"list-style-type:decimal\">\r\n\t<li><strong>About the Site\/App<\/strong>\r\n\r\n\t<p>The Site\/App is a social media platform (“<strong>Platform<\/strong>”) that connects businesses (“<strong>Merchants<\/strong>”) to consumers (“<strong>Users<\/strong>”). The User and the Merchants are both required to create their social media accounts (“<strong>Profiles<\/strong>”). Users will follow these Merchant Profiles, watch ads and clips, leave reviews and ratings for the Merchant and in turn the Merchant will make available coupons, promotional codes, and giveaways (“<strong>Coupons<\/strong>” or “<strong>Merchant Offerings<\/strong>”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the services provided. Merchants and Users would be collectively referred to as (“<strong>you<\/strong>”).<\/p>\r\n\r\n\t<p>In addition, the Site\/App also provides a Platform where Merchants can become paid subscribers and promote their business to Users other than their followers (“<strong>Followers<\/strong>”) and bid for sponsored ads and participate in other available programs (“<strong>Subscription<\/strong>”). Free Merchant Profiles would only be allowed to post content in the form of texts, photos and Coupons but will not be able to avail of the Subscription.<\/p>\r\n\r\n\t<p>Certain Merchant Offerings, Products, other available programs and pricing on the Site\/App may change at any time at Klip-It’s sole discretion, without notice.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Ownership of the Site\/App<\/strong>\r\n\t<p>The Site\/App, any content on the Site\/App, and the infrastructure used to provide the Site\/App are proprietary to us, our affiliates, Merchants, and other content providers. By using the Site\/App and accepting these Terms of Use: (a) Klip-It grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Site\/App pursuant to these Terms of Use and to any additional terms and policies set forth by Klip-It; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site\/App without the express permission of Klip-It.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Use of the Site\/App<\/strong><br \/>\r\n\tAs a condition of your use of the Site\/App, you agree that:\r\n\t<ul>\r\n\t\t<li>You have reached the age of majority in the state or province in which you reside;<\/li>\r\n\t\t<li>You are able to create a binding legal obligation;<\/li>\r\n\t\t<li>You are not barred from receiving products or services under applicable law;<\/li>\r\n\t\t<li>You will not attempt to use the Site\/App with crawlers, robots, data mining, or extraction tools or any other functionality;<\/li>\r\n\t\t<li>Your use of the Site\/App will at all times comply with these Terms of Use;<\/li>\r\n\t\t<li>The Merchant will only make purchases on the Site\/App for the benefit of his business;<\/li>\r\n\t\t<li>You have the right to provide any and all information you submit to the Site\/App, and all such information is accurate, true, current, and complete;<\/li>\r\n\t\t<li>You will update and correct information you have submitted to the Site\/App, including all account information, and ensure that it is accurate at all times (out-of- date information will invalidate your account); and,<\/li>\r\n\t\t<li>The User and the Merchant will avail of the Merchant Offering, Product, or participate in other available programs respectively, through the Site\/App by creating an account or using the guest checkout feature on the Site\/App, and any purchase will be subject to the applicable Terms of Use.<\/li>\r\n\t<\/ul>\r\n\t<\/li>\r\n\t<li><strong>Access to the Site\/App<\/strong>\r\n\t<p>Klip-It retains the right, at our sole discretion, to deny service or use of the Site\/App or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site\/App and your account accessible, the Site\/App and\/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site\/App access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Modification<\/strong>\r\n\t<p>We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site\/App or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Site\/App or any services offered through the Site\/App after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes and that your continued use of the Site\/App or our services will constitute acceptance of these changes and the Terms of Use as modified.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Your Account<\/strong>\r\n\t<p>You may only create and hold one account on the Site\/App for your personal or business use and the merchant must register using a valid payment gateway. You are responsible for updating and correcting the information you have submitted to create or maintain your account. You understand and agree that Klip-It shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site\/App or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.<\/p>\r\n\r\n\t<p>Your account is non-transferable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use will cause your account to fall out of good standing and we may cancel your account at our sole discretion. If your account is canceled, you may forfeit any pending, current, or future account credits, and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site\/App, including, without limitation, requirements for use.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Your Conduct<\/strong>\r\n\t<p>All interactions on the Site\/App must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site\/App, we may limit or terminate your privileges on the Site\/App and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.<\/p>\r\n\r\n\t<p>The following activities are <strong>prohibited<\/strong> on the Site\/App and constitute violations of these Terms of Use:<\/p>\r\n\r\n\t<ul>\r\n\t\t<li>Submitting any content to the Site\/App that:\r\n\t\t<ul style=\"list-style-type:circle\">\r\n\t\t\t<li>Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);<\/li>\r\n\t\t\t<li>Contains personal information, except when we expressly ask you to provide such information;<\/li>\r\n\t\t\t<li>Contains viruses or malware;<\/li>\r\n\t\t\t<li>Offers unauthorized downloads of any copyrighted, confidential, or private information;<\/li>\r\n\t\t\t<li>Has the effect of impersonating others;<\/li>\r\n\t\t\t<li>Contains messages by non-spokesperson employees of Klip-It purporting to speak on behalf of Klip-It or provides confidential information concerning Klip-It;<\/li>\r\n\t\t\t<li>Contains chain letters of any kind;<\/li>\r\n\t\t\t<li>Is purposely inaccurate, commits fraud, or falsifies information in connection with your Klip-It account or to create multiple Klip-It accounts; or<\/li>\r\n\t\t\t<li>Is protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights.<\/li>\r\n\t\t<\/ul>\r\n\t\t<\/li>\r\n\t\t<li>Attempting to do or actually doing any of the following:\r\n\t\t<ul style=\"list-style-type:circle\">\r\n\t\t\t<li>Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;<\/li>\r\n\t\t\t<li>Scanning or testing the security or configuration of the Site\/App or breaching security or authentication measures; or<\/li>\r\n\t\t\t<li>Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site\/App or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site\/App.<\/li>\r\n\t\t<\/ul>\r\n\t\t<\/li>\r\n\t\t<li>Using any of the following:\r\n\t\t<ul>\r\n\t\t\t<li>Frames, framing techniques, or framing technology to enclose any content included on the Site\/App without our express written permission;<\/li>\r\n\t\t\t<li>Any Site\/App content, including, without limitation, Profile content, in any meta tags or any other “hidden text” techniques or technologies without our express written permission;<\/li>\r\n\t\t\t<li>The Site\/App or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Klip- It; or<\/li>\r\n\t\t<\/ul>\r\n\t\t<\/li>\r\n\t\t<li>Engaging in any of the following:\r\n\t\t<ul>\r\n\t\t\t<li>Tampering or interfering with the proper functioning of any part, page, or area of the Site\/App or any functions or services provided by Klip-It;<\/li>\r\n\t\t\t<li>Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);<\/li>\r\n\t\t\t<li>Reselling or repurposing your access to the Site\/App or any purchases made through the Site\/App;<\/li>\r\n\t\t\t<li>Exceeding or attempting to exceed quantity limits when availing Merchant Offerings or Products, or otherwise using any Klip-It account for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site\/App;<\/li>\r\n\t\t\t<li>Accessing, monitoring, or copying any content from the Site\/App using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;<\/li>\r\n\t\t\t<li>Violating the restrictions in any robot exclusion headers on the Site\/App or bypassing or circumventing other measures employed to prevent or limit access to the Site\/App;<\/li>\r\n\t\t\t<li>Aggregating any current or previously-offered deals or content or other information from the Site\/App (whether using links or other technical means or physical records associated with purchases made through the Site\/App) with material from other Site\/Apps or on a secondary Site\/App without our express written permission;<\/li>\r\n\t\t\t<li>Deep-linking to any portion of the Site\/App (including, without limitation, the path for any Coupon) without our express written permission;<\/li>\r\n\t\t\t<li>Hyperlinking to the Site\/App from any other website without our initial and ongoing consent; or<\/li>\r\n\t\t\t<li>Acting illegally or maliciously against the business interests or reputation of Klip-It, our Merchants, or our services.<\/li>\r\n\t\t<\/ul>\r\n\t\t<\/li>\r\n\t<\/ul>\r\n\t<\/li>\r\n\t<li><strong>Your Privacy<\/strong>\r\n\t<p>We take the privacy of your Personal Information seriously, as defined in our (“Privacy Policy”). We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in and subject to these Terms of Use.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Copyright and Trademarks<\/strong>\r\n\t<p>The Site\/App contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site\/App are protected by copyright, trademark, and other intellectual property laws of the United States. Klip-It owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Klip-It or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and\/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and\/or criminal penalties.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Profile Content<\/strong>\r\n\t<p>The Site\/App may provide registered Users and Merchants various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site\/App (collectively, "Profile Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site\/App from time to time. You will be required to have a Klip-It account to submit Profile Content.<\/p>\r\n\r\n\t<p>If you contribute any Profile Content, you will not upload, post, or otherwise make available on the Site\/App any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Klip-It does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any Profile Content, you represent and warrant that: (a) you are the creator of the Profile Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the Profile Content, and that they have waived any moral rights in such Profile Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the Profile Content, you have ensured that the creator represents and warrants) that the use and sharing of the Profile Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available Profile Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libellous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available Profile Content that contains any material that harbours viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.<\/p>\r\n\r\n\t<p>Klip-It shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the Profile Content, and disclose the Profile Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by Klip-It, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Klip-It shall have the right to remove any material from the Site\/App or any other Klip-It controlled Site\/Apps, in its sole discretion. Klip-It assumes no liability for any Profile Content or other information that appears or is removed from the Site\/App or elsewhere. Klip-It has no obligation to use Profile Content and may not use it at all.<\/p>\r\n\r\n\t<p>In some instances and from time to time, it may be possible to modify or remove the Profile Content submitted or posted through your account. Klip-It makes no representations or warranties that the Profile Content you modify or remove will be modified or removed from the Site\/App or elsewhere, or that the Profile Content will cease to appear on the Internet, in search engines, social media website\/apps, or in any other form, media or technology.<\/p>\r\n\r\n\t<ul>\r\n\t\t<li>Public Nature of Your Profile Content.\r\n\t\t<ul>\r\n\t\t\t<li>You understand and agree that Profile Content is public. Any person (whether or not a user of Klip-It’s services) may read your Profile Content without your knowledge. Please do not include any Personal Information in your Profile Content unless you wish for it to be publicly disclosed. Klip-It is not responsible for the use or disclosure of any Personal Information that you disclose in connection with Profile Content.<\/li>\r\n\t\t\t<li>Any Profile Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Klip-It. Klip-It does not endorse and is not responsible for any Profile Content, and will not be liable for any loss or damage caused by your reliance on such Profile Content. Profile Content reflects the opinions of the person submitting it and may not reflect the opinion of Klip-It. Klip-It does not control or endorse any Profile Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any Profile Content and any actions resulting from your participation in any part of the Site\/App, including, without limitation, any objectionable Profile Content.<\/li>\r\n\t\t<\/ul>\r\n\t\t<\/li>\r\n\t\t<li>License Grants.\r\n\t\t<ul>\r\n\t\t\t<li>Some Profile Content you submit to Klip-It may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, your name, initials, username, social networking website\/App user account name, image, likeness, preferences, voice, and location. You grant Klip-It a royalty- free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your Profile Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the Profile Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Klip-It shall have no obligation to use your Personal Information in connection with any Profile Content.<\/li>\r\n\t\t\t<li>As between you and Klip-It, you shall retain all ownership rights in and to the Profile Content you submit or post. However, by contributing Profile Content or other information on or through the Site\/App, you grant Klip-It a royalty- free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the Profile Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Profile Content that you may have under any applicable law under any legal theory. Klip-It’s license in any Profile Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.<\/li>\r\n\t\t\t<li>Contributing Profile Content or other information on or through the Site\/App, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site\/App is designed and intended for adults. By contributing Profile Content or other content on or through the Site\/App, you affirm that you are over the age of majority in the state or province in which you reside. We will promptly delete Profile Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.<br \/>\r\n\t\t\t <\/li>\r\n\t\t<\/ul>\r\n\t\t<\/li>\r\n\t<\/ul>\r\n\t<\/li>\r\n\t<li><strong>Unsolicited Ideas<\/strong>\r\n\t<p>We do not accept or consider, directly or through any Klip-It employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:<\/p>\r\n\r\n\t<ul>\r\n\t\t<li>Klip-It has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and<\/li>\r\n\t\t<li>Klip-It will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.<br \/>\r\n\t\t <\/li>\r\n\t<\/ul>\r\n\t<\/li>\r\n\t<li><strong>Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures<\/strong>\r\n\t<ul>\r\n\t\t<li>Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Site\/App infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Klip-It's attention, you can report your concern(s) by submitting your Infringement complaint.<\/li>\r\n\t\t<li>DMCA Procedures. Klip-It reserves the right to terminate your, or any third-party’s, right to use the Site\/App if such use infringes the copyrights of another. Klip-It may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to the Site\/App, if Klip-It determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Site\/App by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Klip-It's attention, you must provide Klip-It's DMCA Agent identified below with the following information:\r\n\t\t<ol>\r\n\t\t\t<li>an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;<\/li>\r\n\t\t\t<li>an identification of the copyrighted work and the location on the Site\/App of the allegedly infringing work;<\/li>\r\n\t\t\t<li>a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;<\/li>\r\n\t\t\t<li>a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.<\/li>\r\n\t\t<\/ol>\r\n\r\n\t\t<p>The contact information for Klip-It’s DMCA Agent for notice of claims of copyright infringement is: Klip-It, LLC. Attn: Copyright Agent, [Please fill this information]<\/p>\r\n\t\t<\/li>\r\n\t<\/ul>\r\n\t<\/li>\r\n\t<li><strong>Disclaimer of Warranty<\/strong>\r\n\t<p>AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE\/APP IS AT YOUR SOLE RISK. NEITHER KLIP-IT, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE\/APP WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE\/APP, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE\/APP, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) PROFILE CONTENT PROVIDED THROUGH THE SITE\/APP. THE SITE\/APP AND ALL CONTENT, PROFILE CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE\/APP, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE\/APP, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, KLIP-IT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE\/APP OR THE CONTENT, PROFILE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE\/APP OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE\/APP, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY KLIP-IT THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Limitation of Liability<\/strong>\r\n\t<p>AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLIP-IT, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE\/APP, THE CONTENT, PROFILE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE\/APP OR SUBMITTED BY YOU TO THE SITE\/APP; (B) YOUR INABILITY TO USE THE SITE\/APP; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE\/APP; (D) THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE\/APP; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE\/APP, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL KLIP-IT’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE COUPON, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY KLIP-IT THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT- RELATED INJURY.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Electronic Communications<\/strong>\r\n\t<p>When you use the Site\/App or send emails to Klip-It, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site\/App. We will communicate with you by email or by posting notices on the Site\/App. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site\/App or from which you otherwise email us.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Relationship of the Parties:<\/strong>\r\n\t<p>Nothing contained in these Terms of Use, you will be deemed or construed by the parties to create a partnership, joint venture, or agency between the parties. It is understood that the parties will at all times remain independent parties.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Website of Others<\/strong>\r\n\t<p>The Site\/App contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents of such a website. We expressly disclaim any representations regarding the content or accuracy of materials on such website or the privacy practices of that website. If you decide to access a website maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked Site\/App or resource.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Indemnification\/Release<\/strong>\r\n\t<p>You agree to defend, indemnify, and hold harmless Klip-It, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Profile Content submitted or posted by you, in connection with the Site\/App, or any use of the Site\/App in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S. or foreign law or rights of a third-party.<\/p>\r\n\r\n\t<p>Users are solely responsible for your interactions with Merchants and other users of the Site\/App. To the extent permitted under applicable laws, Users hereby release Klip-It from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site\/App, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to User by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and\/or failure to abide by the terms of a Merchant Offering obtained by the User from the Merchant, and any conduct, speech or Profile Content, whether online or offline, of any other third-party.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Force Majeure<\/strong>\r\n\t<p>Klip-It shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Klip-It or a Merchant, as applicable.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Assignment<\/strong>\r\n\t<p>You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Klip-It. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Klip-It may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Entire Agreement<\/strong>\r\n\t<p>The Terms of Use, including, without limitation, special programs, Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Klip-It with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Klip-It with respect to such subject matter.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Choice of Law<\/strong>\r\n\t<p>Any disputes arising out of or related to these Terms of Use and\/or any use by you of the Site\/App or Klip-It’s services shall be governed by the laws of the State of Delaware, without regard to its choice of law rules and without regard to conflicts of laws principles.<\/p>\r\n\r\n\t<p>If you reside in any foreign, any disputes arising out of or related to these Terms of Use and\/or any use by you of the Site\/App or Klip-It’s services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Dispute Resolution\/Arbitration Agreement<\/strong>\r\n\t<p>Subject to any exceptions specified in these Terms of Use, if you and Klip-It are unable to resolve any dispute through informal discussion, then you and Klip-It agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Klip-It. The costs of any mediation or arbitration will be paid by the unsuccessful party. Notwithstanding any other provision in these Terms of Use, you and Klip-It agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.<\/p>\r\n\t<\/li>\r\n\t<li><strong>No Waiver<\/strong>\r\n\t<p>No waiver by either you or Klip-It of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.<\/p>\r\n\t<\/li>\r\n\t<li><strong>Contact us<\/strong>\r\n\t<p>You are contracting with Klip-It, LLC. Correspondence should be directed to:<\/p>\r\n\r\n\t<p>Klip-It, LLC [254 Chapman Road, Suite 208 #8296, Newark DE, 19702]<\/p>\r\n\r\n\t<p>If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.<\/p>\r\n\r\n\t<p>The provisions of these Terms of Use apply equally to, and are for the benefit of, Klip-It, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.<\/p>\r\n\t<\/li>\r\n<\/ol>","details_ch":null,"details_hi":null,"details_es":null,"details_ru":null,"details_pt":null,"details_fr":null,"details_de":null,"details_th":null,"date":"2022-11-28","expire_date":null,"video_type":null,"photo_file":null,"video_thumb":null,"attach_file":null,"video_file":null,"audio_file":null,"icon":null,"status":1,"visits":33,"webmaster_id":27,"location":0,"section_id":0,"row_no":2,"form_id":null,"topic_id":null,"seo_title_ar":null,"seo_title_en":"Terms of Use","seo_title_ch":null,"seo_title_hi":null,"seo_title_es":null,"seo_title_ru":null,"seo_title_pt":null,"seo_title_fr":null,"seo_title_de":null,"seo_title_th":null,"seo_description_ar":null,"seo_description_en":"\r\nTerms of Use\r\n\r\n \r\n\r\nWelcome to the Klip-It Site\/App (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them ca","seo_description_ch":null,"seo_description_hi":null,"seo_description_es":null,"seo_description_ru":null,"seo_description_pt":null,"seo_description_fr":null,"seo_description_de":null,"seo_description_th":null,"seo_keywords_ar":null,"seo_keywords_en":null,"seo_keywords_ch":null,"seo_keywords_hi":null,"seo_keywords_es":null,"seo_keywords_ru":null,"seo_keywords_pt":null,"seo_keywords_fr":null,"seo_keywords_de":null,"seo_keywords_th":null,"seo_url_slug_ar":null,"seo_url_slug_en":"terms-of-use","seo_url_slug_ch":null,"seo_url_slug_hi":null,"seo_url_slug_es":null,"seo_url_slug_ru":null,"seo_url_slug_pt":null,"seo_url_slug_fr":null,"seo_url_slug_de":null,"seo_url_slug_th":null,"created_by":1,"updated_by":1,"created_at":"2022-11-28T15:26:50.000000Z","updated_at":"2024-11-08T12:31:36.000000Z"}
Welcome to the Klip-It Site/App (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us.
These Terms of Use were last updated on 19th of October 2023.
Klip-It, LLC. (“Klip-It” “we” or “us” or “our”) owns and operates the Website, www. klipitapp.com, the mobile (“App”) and any Site/Apps we have now or in the future that reference these Terms of Use (collectively, "Site/App"). By (a) using the Site/App and Klip- It’s services through the Site/App, (b) signing up for an account and/or (c) completing a purchase on the Site/App, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Policy, incorporated herein by reference and located within our Privacy Policy ( "Privacy Policy" ), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use”. The term "using" also includes any person or entity that accesses or uses the Site/App with crawlers, robots, data mining, or extraction tools or any other functionality.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE/APP AND DO NOT USE ANY KLIP-IT SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE OR AVAIL OF ANY COUPON, PRODUCT OR SERVICE OFFERED THROUGH THE SITE/APP.
The Site/App is a social media platform (“Platform”) that connects businesses (“Merchants”) to consumers (“Users”). The User and the Merchants are both required to create their social media accounts (“Profiles”). Users will follow these Merchant Profiles, watch ads and clips, leave reviews and ratings for the Merchant and in turn the Merchant will make available coupons, promotional codes, and giveaways (“Coupons” or “Merchant Offerings”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the services provided. Merchants and Users would be collectively referred to as (“you”).
In addition, the Site/App also provides a Platform where Merchants can become paid subscribers and promote their business to Users other than their followers (“Followers”) and bid for sponsored ads and participate in other available programs (“Subscription”). Free Merchant Profiles would only be allowed to post content in the form of texts, photos and Coupons but will not be able to avail of the Subscription.
Certain Merchant Offerings, Products, other available programs and pricing on the Site/App may change at any time at Klip-It’s sole discretion, without notice.
The Site/App, any content on the Site/App, and the infrastructure used to provide the Site/App are proprietary to us, our affiliates, Merchants, and other content providers. By using the Site/App and accepting these Terms of Use: (a) Klip-It grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Site/App pursuant to these Terms of Use and to any additional terms and policies set forth by Klip-It; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site/App without the express permission of Klip-It.
Klip-It retains the right, at our sole discretion, to deny service or use of the Site/App or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site/App and your account accessible, the Site/App and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site/App access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site/App or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Site/App or any services offered through the Site/App after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes and that your continued use of the Site/App or our services will constitute acceptance of these changes and the Terms of Use as modified.
You may only create and hold one account on the Site/App for your personal or business use and the merchant must register using a valid payment gateway. You are responsible for updating and correcting the information you have submitted to create or maintain your account. You understand and agree that Klip-It shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site/App or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use will cause your account to fall out of good standing and we may cancel your account at our sole discretion. If your account is canceled, you may forfeit any pending, current, or future account credits, and any other forms of unredeemed value in your account without notice. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site/App, including, without limitation, requirements for use.
All interactions on the Site/App must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site/App, we may limit or terminate your privileges on the Site/App and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.
The following activities are prohibited on the Site/App and constitute violations of these Terms of Use:
We take the privacy of your Personal Information seriously, as defined in our (“Privacy Policy”). We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in and subject to these Terms of Use.
The Site/App contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site/App are protected by copyright, trademark, and other intellectual property laws of the United States. Klip-It owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Klip-It or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The Site/App may provide registered Users and Merchants various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site/App (collectively, "Profile Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site/App from time to time. You will be required to have a Klip-It account to submit Profile Content.
If you contribute any Profile Content, you will not upload, post, or otherwise make available on the Site/App any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Klip-It does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any Profile Content, you represent and warrant that: (a) you are the creator of the Profile Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the Profile Content, and that they have waived any moral rights in such Profile Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the Profile Content, you have ensured that the creator represents and warrants) that the use and sharing of the Profile Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available Profile Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libellous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available Profile Content that contains any material that harbours viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.
Klip-It shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the Profile Content, and disclose the Profile Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by Klip-It, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Klip-It shall have the right to remove any material from the Site/App or any other Klip-It controlled Site/Apps, in its sole discretion. Klip-It assumes no liability for any Profile Content or other information that appears or is removed from the Site/App or elsewhere. Klip-It has no obligation to use Profile Content and may not use it at all.
In some instances and from time to time, it may be possible to modify or remove the Profile Content submitted or posted through your account. Klip-It makes no representations or warranties that the Profile Content you modify or remove will be modified or removed from the Site/App or elsewhere, or that the Profile Content will cease to appear on the Internet, in search engines, social media website/apps, or in any other form, media or technology.
We do not accept or consider, directly or through any Klip-It employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
The contact information for Klip-It’s DMCA Agent for notice of claims of copyright infringement is: Klip-It, LLC. Attn: Copyright Agent, [Please fill this information]
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE/APP IS AT YOUR SOLE RISK. NEITHER KLIP-IT, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE/APP WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE/APP, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE/APP, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) PROFILE CONTENT PROVIDED THROUGH THE SITE/APP. THE SITE/APP AND ALL CONTENT, PROFILE CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE/APP, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE/APP, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, KLIP-IT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE/APP OR THE CONTENT, PROFILE CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE/APP OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE/APP, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY KLIP-IT THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLIP-IT, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE/APP, THE CONTENT, PROFILE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE/APP OR SUBMITTED BY YOU TO THE SITE/APP; (B) YOUR INABILITY TO USE THE SITE/APP; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE/APP; (D) THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE/APP; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE/APP, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL KLIP-IT’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE COUPON, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY KLIP-IT THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT- RELATED INJURY.
When you use the Site/App or send emails to Klip-It, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site/App. We will communicate with you by email or by posting notices on the Site/App. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site/App or from which you otherwise email us.
Nothing contained in these Terms of Use, you will be deemed or construed by the parties to create a partnership, joint venture, or agency between the parties. It is understood that the parties will at all times remain independent parties.
The Site/App contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents of such a website. We expressly disclaim any representations regarding the content or accuracy of materials on such website or the privacy practices of that website. If you decide to access a website maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked Site/App or resource.
You agree to defend, indemnify, and hold harmless Klip-It, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Profile Content submitted or posted by you, in connection with the Site/App, or any use of the Site/App in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S. or foreign law or rights of a third-party.
Users are solely responsible for your interactions with Merchants and other users of the Site/App. To the extent permitted under applicable laws, Users hereby release Klip-It from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site/App, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to User by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering obtained by the User from the Merchant, and any conduct, speech or Profile Content, whether online or offline, of any other third-party.
Klip-It shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Klip-It or a Merchant, as applicable.
You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Klip-It. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Klip-It may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.
The Terms of Use, including, without limitation, special programs, Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Klip-It with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Klip-It with respect to such subject matter.
Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site/App or Klip-It’s services shall be governed by the laws of the State of Delaware, without regard to its choice of law rules and without regard to conflicts of laws principles.
If you reside in any foreign, any disputes arising out of or related to these Terms of Use and/or any use by you of the Site/App or Klip-It’s services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles.
Subject to any exceptions specified in these Terms of Use, if you and Klip-It are unable to resolve any dispute through informal discussion, then you and Klip-It agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Klip-It. The costs of any mediation or arbitration will be paid by the unsuccessful party. Notwithstanding any other provision in these Terms of Use, you and Klip-It agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
No waiver by either you or Klip-It of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.
You are contracting with Klip-It, LLC. Correspondence should be directed to:
Klip-It, LLC [254 Chapman Road, Suite 208 #8296, Newark DE, 19702]
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
The provisions of these Terms of Use apply equally to, and are for the benefit of, Klip-It, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.