Terms of Service

Welcome to KLIPY.COM!
These Terms of Service agreement (together with KLIPY.COM’s Privacy Policy, DMCA Copyright Policy, the KLIPY.COM API Terms (if applicable), and Community Guidelines govern your access and use of www.KLIPY.COM (the “Site”) and all other products, services, features, content, or applications that link to these Terms (together with the Site, the “Services”) offered by KIKLIKO, Inc. (“KLIPY.COM”, “we”, “us” or “our”).

Please read these Terms fully and carefully before using the Services, because these Terms form a legally binding contract between you and KLIPY.COM for your use of the Services. As described in Section 12, you agree that unless you opt out, all disputes between you and KLIPY.COM will be resolved by individual arbitration, and you waive your right to trial by jury or to participate in a class action lawsuit or class-wide arbitration.

By using the Services, you agree to be bound by these Terms. From time to time, we may modify or update these Terms, effective upon posting through the Services. If you use the Services after any such change, you accept these Terms as modified.

In other words: By using anything offered by KLIPY.COM, you automatically agree to this legal agreement and any updated versions by continuing to use the Services.

1. Eligibility
The Services are not directed towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are at least 13 years of age. If you are under 13, you may not, under any circumstances or for any reason, use the Services. Notwithstanding the foregoing, if you are a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland, you must be at least 16 years of age to use the Services. You are solely responsible for ensuring that these Terms comply with all applicable laws, and your right to use the Services is revoked wherever these Terms or your use of the Services conflicts with any laws.

In other words: You must be at least 13 years old (or at least 16 in certain European regions) to use the Services. Do not use the Services if doing so would break the law.

2. Your Account
You may need to sign up for an account on KLIPY.COM in order to use parts of the Services. You must provide accurate and up-to-date information for your account and update it as necessary. You promise not to (i) intentionally impersonate another person by using their name or email address, (ii) use an offensive name or email address, or (iii) use a name or email address for which you do not have proper authorization. We reserve the right to require that you change your username or use another email address. You are prohibited from using another person’s account or registration information for the Services without their permission. You are responsible for all activity that occurs on your account and for keeping your password secure. You promise to immediately notify us if there is any unauthorized use of your account. You can delete your account at any time, either directly or through a request to us.

In other words: If you create an account, you are responsible for all activity on it and must keep your password safe. Notify us immediately if you suspect unauthorized access.

3. Content You Contribute
You are solely responsible for all of the content you contribute to the Services (“User Content”) and, as between you and KLIPY.COM, you own your User Content. You hereby grant us a non-exclusive, worldwide, perpetual, royalty-free, fully paid, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such User Content (including all related intellectual property rights) in connection with the Services and our business. You promise that you have all rights to grant such a license without infringing or violating any third party rights. If you contribute User Content in a public area of the Services, you acknowledge that such content will be accessible to others. Please do not publicly post any content that you do not want to be publicly accessible or that you do not have rights to share.

In other words: You own the content you provide, but you grant us the right to use it as necessary for our Services. Publicly shared content will be visible to everyone, so do not post sensitive information.

4. Advertisements
The Services may contain advertisements. The type, degree, and targeting of advertisements are subject to change. You acknowledge and agree that ads are provided by third parties, and that the presence or placement of any ad does not constitute an endorsement by KLIPY.COM of the advertised product or service. We may establish advertising standards and guidelines to ensure that ad content meets certain quality and legal requirements.

In other words: The Services may display ads, which can change over time and do not imply any endorsement by KLIPY.COM.

5. KLIPY.COM’s Proprietary Rights
We and our licensors own and retain all proprietary rights in the Services. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services. The Services may contain copyrighted material (such as text, graphics, photographs, images, and illustrations), trademarks, and other proprietary information and materials of us and our licensors. Except for content in the public domain or content you are authorized to use, you shall not copy, modify, publish, transmit, distribute, perform, or display any content, nor sell, license, or otherwise exploit any content for commercial purposes or in any way that violates any third party right. The Services are protected by U.S. and international copyright laws. We may, in our sole discretion, remove, block, edit, or modify any content at any time without notice. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to comply with applicable laws or protect our rights, property, or safety, or that of our users or the public.

In other words: You may use the Services only as permitted by these Terms, and we reserve all rights to our content and the content on the Services.

6. Acceptable Use
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable laws. You agree not to, and shall not allow anyone else to, submit any content or otherwise take any action that:
(i) infringes any intellectual property rights or other rights of any person or entity;
(ii) is unlawful, harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
(iii) impersonates any person or entity;
(iv) constitutes unauthorized or unsolicited advertising (spamming);
(v) contains viruses, malware, worms, or other harmful computer code;
(vi) uses automated methods to access or collect data from the Services;
(vii) attempts to decompile, reverse engineer, or otherwise obtain the source code of the Services;
(viii) imposes an unreasonable load on our infrastructure;
(ix) interferes with the security or proper functioning of the Services; or
(x) violates our guidelines or policies, including our Community Guidelines.

In other words: Use the Services only for lawful purposes, and do not engage in any harmful or unauthorized activities.

7. Links to Third Party Services
The Services may include links to third party websites, services, or resources (“Third Party Services”). We do not control these Third Party Services and are not responsible for their content, functionality, or privacy practices. You agree that your use of any Third Party Services is at your own risk and you should review their terms and privacy policies before using them.

In other words: We are not liable for any issues arising from your use of third-party services linked from our site.

8. Termination
We may terminate or suspend your account or access to the Services at any time, with or without notice, which may result in the loss of all information associated with your account. You may also delete your account or cease using the Services at any time. Certain provisions of these Terms will survive termination, including ownership, warranty disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

In other words: We can suspend or terminate your access to the Services at our discretion, and some parts of this agreement will continue to apply even after termination.

9. Warranty Disclaimer
You acknowledge that we have no control over, and no duty to take any action regarding: (i) what content you access via the Services; (ii) what effects the content may have on you, and how you may interpret or use the content; or (iii) what actions you may take as a result of having been exposed to the content. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

In other words: The Services are provided “as is.” You are solely responsible for how you choose to use the Services or what actions you take as a result of your use of the Services.

10. Indemnification
You shall defend, indemnify, and hold harmless KLIPY.COM, its affiliates, and their respective employees, contractors, directors, and representatives from any claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from or related to your use or misuse of the Services, your violation of these Terms, or infringement of any rights of any third party.

In other words: You will be responsible for any loss or damage that results from your actions or misuse of the Services.

11. Limitation of Liability
In no event shall KLIPY.COM or its directors, employees, agents, partners, suppliers, or content providers be liable for any lost profits, data loss, costs of substitute goods or services, or any special, indirect, incidental, punitive, compensatory, or consequential damages arising out of or in connection with the Services (including, but not limited to, damages for bugs, viruses, or other harmful computer code), or for any direct damages in excess of $100.00.

In other words: Our legal liability to you is limited, and we cannot be held responsible for various types of damages that might arise from your use of the Services.

12. Governing Law; Time Limitation on Claims
These Terms shall be governed by and construed in accordance with the laws of the State of New York and the United States of America. You agree that any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim arises, or such claim will be permanently barred.

In other words: New York and U.S. laws apply to these Terms, and legal claims must be filed within one year.

13. Arbitration Agreement and Class Action Waiver – IMPORTANT – PLEASE REVIEW CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS
This section requires that all disputes between you and KLIPY.COM be resolved by binding, individual arbitration in accordance with the Streamlined Arbitration Rules and Procedures of JAMS, Inc., and that you waive any right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration.
a. Arbitration; Class Action Waiver:
You agree that all disputes between you and KLIPY.COM (including disputes related to these Terms, your use of the Services, and privacy or publicity rights) will be resolved by individual arbitration. You expressly waive any right to trial by jury or to participate in class or consolidated actions.
b. 30 Day Opt-Out Period:
If you do not wish to be bound by the arbitration and class action waiver provisions, you must notify us in writing within 30 days of your acceptance of these Terms by emailing [email protected] with your name, email, mailing address, and a statement that you do not wish to resolve disputes through arbitration. Failure to notify us within this period will bind you to the arbitration provisions.
c. Severability:
If any part of this arbitration provision is held unenforceable, the remainder will continue in full force and effect.

In other words: You agree to resolve disputes through arbitration unless you opt out within 30 days.

14. Use of the Services on a Mobile Device
We make available software to access the Services via mobile devices. This software is considered part of the Services and is subject to these Terms. Any third-party code included in this software is subject to its own open source or third-party license agreements.

In other words: Mobile access to the Services is governed by these Terms, and any third-party components are subject to their own licenses.

15. Apple Device and Application Terms
If you access the Services via an application on an Apple device or through the Apple App Store, the following shall apply:
a. These Terms are solely between you and KLIPY.COM, and not with Apple. Apple is not responsible for the Services.
b. The application is licensed to you on a limited, non-exclusive, non-transferable, and non-sublicensable basis for personal, non-commercial use.
c. You will only use the application on an Apple device that you own or control.
d. Apple is not obligated to provide maintenance or support for the application.
e. In case of any warranty failure, Apple’s sole obligation is to refund the purchase price of the application.
f. KLIPY.COM is solely responsible for addressing any claims related to the application.
g. In the event of any third-party claim regarding intellectual property infringement, KLIPY.COM will handle the claim, not Apple.
h. You represent that you are not in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you are not listed on any U.S. Government restricted parties list.
i. You agree to comply with any applicable third-party terms affecting your use of the application.
j. Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple may enforce these Terms as such.

In other words: If you use our services via an Apple device or app, these additional terms apply, and Apple is not a party to this agreement.

16. Miscellaneous
These Terms constitute the entire agreement between you and KLIPY.COM regarding the use of the Services. If any provision of these Terms is held invalid, illegal, or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary, while the remainder of the Terms will remain in full force and effect. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation. No third party shall have any rights under these Terms. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.

In other words: This section covers standard boilerplate that governs the entire agreement and clarifies that no third-party benefits exist.

Effective Date of Terms of Service: April 8, 2024