Terms of Service

Welcome to KLIPY.COM! 
These Terms of Service (these “Terms”) (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 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”, “we”, “us” or “our”).

Please read these Terms fully and carefully before using the Services, because these Terms, and all of the other documents referenced in these Terms, form a legally binding contract between you and KLIPY with respect to your use of the Services. As described in Section 12, you agree that unless you opt out, all disputes between you and KLIPY 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.

Your license to use our mobile and desktop applications and extensions (the “Apps”) on your device shall be governed by the applicable end user license agreement.  Your use of the Services through the Apps shall be governed by these Terms.

In other words: By using any of our Services, you 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. In addition, if you are a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland (the “EEA”), you must be at least 16 years of age to use the Services. You are solely responsible for ensuring that your use of the Services comply with all laws in your jurisdiction, 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 where you are.

2. Your Account

You may need to sign up for a Services account in order to use parts of the Services. You can do this using your email address and user name, or by linking your valid account on a social networking service or another account through which you have connected to the Services (each such account, a “Third-Party Account”), by allowing KLIPY to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to KLIPY and/or grant KLIPY access to your Third-Party Account (including, but not limited to, for use for the purposes described herein).

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 Generally

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including without limitation the GIFs and videos that are the primary elements of content available through the Services and any metadata, tags or labels associated with such GIFs and videos; and (ii) “User Content” means any Content that account-holders (including you) provide to us, whether in your Account profile or to be made available through the Services. Content includes without limitation User Content provided by other account-holders.

Your access to and use of the Content and/or Services is at your own risk. Although the Content and Services enable users to connect, interact and share information and content with one another, KLIPY is not responsible for controlling or monitoring any User Content. KLIPY does not control user interactions, communications, exchanges, meetings or other user conduct ("User Conduct"). Some people may find some Content or User Conduct objectionable, inappropriate or offensive. If KLIPY chooses, at any time in its sole discretion, to monitor (in whole or in part) User Content or User Conduct, KLIPY nonetheless assumes no responsibility for User Content or User Conduct, no obligation to modify or remove any Content and no responsibility for User Conduct during use of, or as a result of access to or use of, the Content or Services.

4. 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, you own your User Content. KLIPY does not claim any ownership rights in any User Content that you make available through the Services, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.  You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable (to any number of tiers) 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, or any law or regulation. If you contribute User Content in a public area of the Services, you acknowledge that such User Content will be accessible to others. Once you have uploaded User Content to, or stored User Content in, the Services as hosted by KLIPY, you may not be able to delete that User Content from the Services.  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.


5. KLIPY.COM’s Proprietary Rights

We and our licensors own and retain all proprietary rights in the Services and the Content available on the Services (other than your User Content). Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, and revocable license to use the Services and to view Content through the Services, and to use the Services to transmit a copy of the Content to recipients of your messages through email or other messaging applications interfacing with the Services, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Except for Content in the public domain or Content you are authorized to use by the relevant owner, 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, and Content may be, protected by U.S. and international copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. 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 and Content only as permitted by these Terms, and we and our licensors reserve all rights to the Services, 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:

• infringes any intellectual property rights or other rights of any person or entity, or violates any law or regulation;

• is unlawful, harmful, fraudulent, deceptive, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, or otherwise objectionable;

• promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

• is violent or threatening or promotes violence or actions that are threatening to any person or entity;

• promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

• promotes illegal or harmful activities or substances;

• contains personal or contact information about any other person without their prior authorization;

• Uses, displays, mirrors or frames the Services, or any individual element within the Services, KLIPY’s name, any KLIPY trademark, logo or other proprietary information or the trademark, logo or other proprietary information of any other party displayed within the Services, or the layout and design of any page or form contained on a page, without KLIPY’s express written consent;

• impersonates any person or entity;

• Collect or stores any personally identifiable information from the Services from other users of the Services without their express permission;

• constitutes unauthorized or unsolicited advertising (spamming);

• contains viruses, malware, worms, or other harmful computer code;

• uses automated methods to access or collect data from the Services other than the software and/or search agents provided by KLIPY or other generally available third party web browsers, or except as expressly permitted by the Services’ robots.txt file and/or access-rights metatags;

• attempts to decompile, reverse engineer, or otherwise access or obtain the source code of the Services;

• Accesses, tampers with, or uses non-public areas of the Services, KLIPY’s computer systems, or the technical delivery systems of KLIPY’s providers 

• imposes an unreasonable load on our infrastructure;

• Attempts to probe, scan, or test the vulnerability of any KLIPY system or network or breach any security or authentication measures 

• Circumvents or interferes with any measure implemented by KLIPY or any of KLIPY’s providers or any other third party (including another user) to protect the security or proper functioning of the Services or Content; 

• otherwise violates our guidelines or policies, including our Community Guidelines; or

• Encourages or enables any other individual to do any of the foregoing.

 

KLIPY reserves the right (but not the obligation), in its sole discretion, to determine whether you have violated the acceptable use provisions above, or any other provision of these terms.

 

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

 

7. 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 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.

8. 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.

 

9. 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.

10. Warranty Disclaimer

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.

 

11. Indemnification

You shall defend, indemnify, and hold harmless KLIPY, 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 User Content, your use or misuse of the Services or any Content made available through the Services, or your violation of these Terms.

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

12. Limitation of Liability

In no event shall KLIPY 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. The limitations of liability set forth above are fundamental elements of the basis of the bargain between KLIPY and you, and shall apply to the fullest extent permissible under applicable law.

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.

 

13. Governing Law; Time Limitation on Claims

These Terms shall be governed by and construed in accordance with the laws of the State of California 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.

14. 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.

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.

15. General

These Terms constitute the entire agreement between you and KLIPY 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. You may not assign, transfer or delegate any rights or obligations under these Terms.

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