Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THE TERMS OF USE. YOU WILL ALSO BE REQUIRED TO REAFFIRM ACCEPTANCE OF THESE TERMS UPON REGISTRATION.

INTENDED AUDIENCE/USE:

ClipZone Ventures, LLC provides this www.ClipZone.com web site to you, subject to these Terms of Use. The Terms of Use may be updated by ClipZone from time to time without notice to you. This web site and other web sites that are operated and/or controlled by ClipZone that are linked to this Site or affiliated with this site (collectively "the Site") and all the information, communications, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of ClipZone's customers, employees and members of the general public who are over the age of 13, and citizens of the United States. The Site is controlled and operated in whole or in part by ClipZone from its offices within the United States. ClipZone makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that ClipZone reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

ACCEPTANCE OF TERMS:

Through use of this Site or the download of Content from this Site, (1) you acknowledge you have read, and agree to be bound by these Terms of Use, including the Privacy Policy, Copyright Policy, and Code of Conduct, and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside; (2) you further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content; and (3) you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use and that, in any case, you are over the age of 13.

RESTRICTIONS ON USE OF CONTENT:

THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by ClipZone that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). ClipZone reserves all rights not expressly granted in and to the Site and the Content. In addition to ClipZone's Rights in individual elements of the Content it has provided to the Site (“ClipZone Content”), ClipZone or its licensors own a copyright in the selection, coordination and arrangement of the ClipZone Content and Site. You are hereby granted permission to access the ClipZone Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or using the services offered in the Site (“ClipZone Services”). You may print out a copy of the ClipZone Content solely for your personal use. In doing so, you may not remove or alter or cause to be removed or altered any trademark, copyright or other proprietary notice or legend appearing on any of the ClipZone Content. This permission terminates automatically if you breach any of these Terms of Use. If pursuant to an authorization from ClipZone, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by ClipZone on a non-exclusive, revocable basis. Neither title nor intellectual property rights are transferred to you, but remain with ClipZone, who owns full and complete title. ClipZone does not grant you any permission to use the ClipZone Content other than the permission expressly stated in these Terms of Use. All other use of ClipZone Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the ClipZone Content, in whole or in part, may not be made without ClipZone's prior express written consent. In addition to ClipZone Content, the Site contains content provided by third parties, specifically, User Content, as defined below. You may access User Content solely (1) for your information and personal use; (2) as intended through the normal functionality of the services offered on the Site; and/or (3) for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited. User Content is made available "as is.” You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content obtained through the Site for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that ClipZone is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ClipZone with respect thereto.

CLIPZONE ACCOUNTS

In order to access certain services on this Site, it is necessary to establish an account. You must provide accurate and complete information when establishing an account and you must maintain the accuracy and completeness of the data provided to ClipZone. You may not use an account that is not yours without permission from the account owner. You are responsible for the security of your password. If the security of your password has been breached, you must notify ClipZone. Upon registering for the Site, you may have the option of creating a custom (or "vanity") URL. ClipZone may opt to remove or retake ownership of a particular custom URL at its sole discretion. ClipZone is not liable for your losses caused by any unauthorized use of your account. You may be liable to ClipZone for losses it incurs as a result of unauthorized use of your account.

USER SUBMISSIONS AND CONDUCT

As an account holder of this Site, you may upload, display, publish or otherwise submit (hereinafter “post”) audio-visual works, photographs, music, software and other materials and information (collectively, referred to as “User Content”) to the Site. User Content does not include Submissions, as such term is defined below. ClipZone does not guarantee security or confidentiality of any User Content, regardless of whether you elect to make it available to other users or not. You retain any ownership rights you have in the User Content you post. By posting User Content to this Site, you hereby grant ClipZone a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and ClipZone's (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. By posting User Content, you are granting to the general public, permission to use your User Content as permitted by these Terms of Use, including, without limitation, a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content without having your name attached to it. No compensation will be paid with respect to the use of your User Content. You are solely responsible for your own User Content and the consequences of posting or publishing it. By posting content protectable under U.S. copyright laws, you warrant and represent that (a) you are the copyright owner of such User Content, or that the copyright owner of such User Content has granted you permission to use such User Content or any content and/or images contained in such User Content consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person or entity depicted in such User Content, if any, has provided consent to the use of the images and other content as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such images. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ClipZone all of the license rights granted herein. You further agree that you will not, in connection with User Content, submit material that is contrary to the ClipZone Code of Conduct, found at http://www.ClipZone.com/coc/, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. ClipZone does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and ClipZone expressly disclaims any and all liability in connection with User Content. ClipZone does not permit copyright infringing activities or infringement of intellectual property rights on its Site, and ClipZone will remove any Content if properly notified that such Content or User Content infringes on another's intellectual property rights. ClipZone reserves the right to pre-screen, refuse, move or remove Content and User Content without prior notice. ClipZone assumes no responsibility for monitoring the Site for inappropriate or illegal Content or activity, but reserves the right to do so. In any event, ClipZone does not assume any responsibility for removing offensive or illegal Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to ClipZone are non-confidential and shall become the sole property of ClipZone. ClipZone shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

TRADEMARKS AND SERVICE MARKS:

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on this Site. By making the Marks available on this Site, ClipZone is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license to the Marks under any of ClipZone’s or any third party's intellectual property rights. No ClipZone Marks may be used as a hyperlink or otherwise without prior written permission.

MOBILE SERVICES

The Site may include certain services that are available via your mobile phone, including (i) the ability to download content from ClipZone to your mobile phone (Mobile Downloads), (ii) the ability to receive and reply to messages, to write posts using text messaging (Mobile Texts), (iii) the ability to browse the Site from your mobile phone (Mobile Web), (iv) the ability to browse Content specifically formatted for mobile phones (Mobile Content), and (v) the ability to access certain ClipZone features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, uploading, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ClipZone and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You also agree, with your explicit permission through the Mobile Client, that we may use your mobile phone’s GPS capabilities. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ClipZone account information to ensure that your messages are not sent to the person that acquires your old number.

COPYRIGHT INFRINGEMENT:

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy (http://www.ClipZone.com/copyright/), we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.

INDEMNITY:

You agree to indemnify and hold ClipZone, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, User Content you submit, post, transmit or make available through the Site, your violation of these Terms of Use, or your violation of any laws or rights of another.

PRIVACY POLICY:

The collection and use of personally identifiable information about you through this Site is subject to our Privacy Policy, which can be found at (http://www.ClipZone.com/privacy/). This site is intended for use by persons over the age of 13. ClipZone does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this Web site by users under 13 years of age. ClipZone encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:

If you choose to participate in a promotion or other ClipZone-sponsored activity ("Site Activity"), you agree to comply with any rules or regulations governing such Site Activity. Additionally, as a condition of your continued participation in the Site Activity, you agree to abide by the Code of Conduct (http://www.ClipZone.com/coc/) You agree that violation of any of the foregoing will result in your immediate disqualification from participation in the Site Activity, and may result in additional legal actions being taken by ClipZone or its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees.

LINKS TO THIRD-PARTY WEB SITES:

This Site may provide links to other third-party World Wide Web sites or resources. ClipZone makes no representations whatsoever about any other Web site which you may access through this Site. Because ClipZone has no control over such sites and resources, you acknowledge and agree that ClipZone is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. ClipZone makes no representation or warranty as to any third party Content, products or services, and you agree that ClipZone will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

NOTICES:

Notices to you may be made via either e-mail or regular mail. ClipZone may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. However, ClipZone is not required to notify you of changes to the Terms of Use. It is your responsibility to check the Terms of Use regularly to ensure you are familiar with the current terms.

DISCLAIMERS

Clipzone does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the Site or any other web sites linked to or from the site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this Site. The Content of the site is provided "as is" and on an "as available" basis, without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, ClipZone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Some jurisdictions do not allow the exclusions or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. No advice or information, whether oral or written, obtained by you from ClipZone will be deemed to alter this disclaimer of warranty, or to create any warranty.

LIMITATION OF LIABILITY:

ClipZone, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Site, its Content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if ClipZone has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, ClipZone's total liability to you collectively with that of any of its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of this Site, its content or links, will not exceed $100.

REVISIONS:

ClipZone may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that ClipZone will not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. ClipZone may at any time revise these Terms of Use by updating this posting. You agree to visit this page prior to using the Site to determine the then current Terms of Use to which you are bound. By using the Site after any revisions are made, you thereby agree to be bound by any such revisions.

TERMINATION:

You agree that ClipZone, in its sole discretion and without prior notice, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if ClipZone believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, the Code of Conduct, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

GENERAL INFORMATION:

These Terms of Use constitute the entire agreement between you and ClipZone and govern your use of the Site, superseding any prior agreements between you and ClipZone relating to your use of this Site. You may also be subject to additional terms and conditions that may apply when you purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a ClipZone-sponsored program or service, or use or download software. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provision of the Terms of Use. The failure of ClipZone to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States and the State of Georgia, USA will apply to all matters relating to use of the Site, and you agree that any litigation will be subject to the exclusive jurisdiction of the state or federal courts in Fulton County, Georgia, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

VIOLATIONS:

Please report any violations of these Terms of Use to ClipZone at: abuse@ClipZone.com.