Terms of Service


Your use of the products & services of ClipCast™ Technologies LLC (“ClipCast”, “we”, or the “Company”) is subject to the following Terms of Service Agreement (“Agreement”)

YOU MUST READ AND AGREE TO THE AGREEMENT IF YOU ARE A USER OF CLIPCAST’S WEBSITES, APPLICATIONS, AND SERVICES (COLLECTIVELY AND INDIVIDUALLY, THE “SERVICES”).

BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING CLIPCAST’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).

 

ClipCast Services

  • The ClipCast video platform provides Services that allow users to record video and audio or capture pictures (“Footage”). The video platform generates multi-media highlights (“Clips”) from the Footage and the tags generated by using the Services.
  • You understand and agree that although we will use reasonable efforts to ensure the Services are available, temporary interruptions of the Services may occur. The Services are provided “AS IS” and ClipCast is not liable for any interruption in the Services.

 

User Accounts and Passwords

  • By registering with us, you agree that all information provided to us is true and accurate and that you will keep it current, complete and accurate.
  • All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service.
  • When you create your user account, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with any third parties. You agree to keep your password confidential at all times.
  • You are solely responsible for any unauthorized use of the Services conducted via your password and user name.
  • You agree to notify us if you ever suspect that your password or user name has been compromised. You may also reset your password using the password reset function in your personal profile section of the ClipCast App.
  • You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you if we suspect a violation of any of these Terms of Service.

 

Scope of Use

  • This license granted to you for the Services by ClipCast is limited to a revocable, non-exclusive, non-transferable license to use the Services solely upon the terms and conditions set forth is these Terms of Service. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy (except as expressly permitted by the Terms of Usage), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services, any updates, or any part thereof. If you breach this restriction, you agree that your license will automatically terminate without the need for notice, and you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by ClipCast that replace and/or supplement the original Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In addition to the automatic termination referenced above, this license may be terminated by ClipCast at any time upon notice to you and such termination shall be immediately effective. Upon any termination of this license, you shall cease all use of the Services and destroy all copies, full or partial, of any application included in the Services.
  • Users may not distribute or make available Footage or Clips to third parties if such third parties intend to use them directly or indirectly to derive a commercial benefit. Your account may be terminated without prior notice if you distribute Footage or Clips in violation of this paragraph.
  • Users may share or upload Footage or Clips to 3rd party hosting sites or applications. In doing so, the user is subject to all the policies of said 3rd party and ClipCast is not responsible for any violations of the party’s Terms of Service by the user or any violation by the user of copyright or any other laws, including but not limited to those governing intellectual property.

 

Subscriptions

  • ClipCast offers a variety of Service plans including free trial periods (“Subscriptions”). ClipCast Subscriptions give users access to the Services for certain number of events (“Service Credits”) based on the type of Subscription purchased. Service Credits are deducted from the Subscription Service Credit balance when Clips are created for a particular event.
  • ClipCast reserves the right to change the pricing of its Services or the Service Periods at any time. In the event of a price change, we will post the new pricing and applicable Subscriptions and will attempt to notify you by sending an email to the address associated with your user account.
  • Your ClipCast Subscription may start with a number of free trial Service Credits usable for a period of 3 months from the initial trial subscription that allows first time users to experience the ClipCast Service. ClipCast reserves the right to change the duration of the free trial period or your eligibility for the free trial at anytime and without notice. Upon conclusion of the free trial period and payment of a paid Subscription your Service period will be extended based on the type of paid Subscription selected.

 

Payments

  • ClipCast Subscriptions can be purchased through our online enrollment system using credit card or debit cards (“Payment Method”). ClipCast, at its sole discretion, may accept checks or electronic bank transfers and subsequently issue enrollment codes for the paid Subscription to those users not using the Payment Method.
  • You hereby authorize us or our affiliates or 3rd party service providers to use your credit card or debit card information to obtain payment for the Services. You represent and warrant that you are authorized to use your credit card, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the services ordered by you. You are responsible for payment of any applicable taxes. Payment for the Services occurs immediately upon placement of your order for the Services.
  • We reserve the right to accept or reject Subscriptions or orders for any reason and to stop accepting credit cards from one or more issuers.

 

Internet Bandwidth Charges

YOU ARE RESPONSIBLE FOR ALL INTERNET ACCESS CHARGES. PLEASE CHECK WITH YOUR INTERNET PROVIDER FOR INFORMATION ON POSSIBLE INTERNET DATA USAGE CHARGES.

 

Access to Services and Refunds

  • Access to ClipCast Services will be terminated at the end of the Service Period unless a new Season Pass of Game Package is purchased prior to the end of the then applicable Service Period.
  • ClipCast provides NO REFUNDS FOR PAST SERVICES OR UNUSED SERVICE CREDITS.
  • ClipCast, at its sole discretion, and without notice, may provide a refund, discount, or other consideration to any Subscriber(s) (“Credits”). The amount and form of such Credits, and the decision to provide them, are at ClipCast’s sole and absolute discretion. The provision of Credits in a particular instance does not entitle Subscriber to future Credits nor does it obligate us to provide future Credits under any circumstance.
  • You acknowledge and agree that your sole and exclusive remedy for any dissatisfaction, issue or concern related to the Services is to stop using the Services.

 

Conduct While Using the Services

  • You agree to follow all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your communications and uploads using the Services, including Footage, tags, and Clips (collectively, “Submissions”).
  • You agree that you will not upload, share, or otherwise distribute any Submissions that:
    1. Are unlawful in the United States or your local state of Jurisdiction;
    2. Contain explicit or graphic descriptions of accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
    3. Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    4. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    5. Constitute unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    6. Contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    7. Contains measures that could be used to determine the architecture of the Services, or could be used to decompile, disassemble, or reverse engineer the Services for commercial gain;
    8. Are to be used for a commercial purpose of any kind
    9. We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions.
    10. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

 

Intellectual Property Rights

  • ClipCast is the owner and retains all proprietary rights to the website, applications, the services provided by the website and applications, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Services only as specifically authorized by us.
  • ClipCast’s trademarks and/or service marks may not be used: i) in connection with any product or service that is not provided by ClipCast; ii) in any manner that is likely to cause confusion among customers or users of the Services; iii) in any manner that tarnishes or dilutes the marks, or disparages or discredits ClipCast.
  • ClipCast’s software and services are the subject of pending patent applications, and you are granted a limited right to use such software and services only in conjunction with the Services and in accordance with these Terms of Service.
  • By using the ClipCast Services, you will be able to generate Footage of events. In doing so, you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such Footage.
  • By using the ClipCast Services, you will be able to generate Footage of events. In doing so, you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such Footage.
  • ClipCast is the owner and retains all proprietary rights to Clips generated from your use of the Services, provided, however, that ClipCast grants you a non-exclusive, non-transferable , royalty-free license to use the Clips solely in connection with your authorized use of the Services.
  • ClipCast is the owner and retains all proprietary rights to any input, feedback, suggestions, ideas, improvements you provide to us regarding the Services or any of ClipCast’s products or technology.
  • Do not generate any Footage that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information contained in Footage created using our Services.
  • All trademarks and/or service marks displayed by the Services are the exclusive property of their respective owners, and may not be used without the owner’s permission.

While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Services to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed through our Services infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our platform; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details.

 

DMCA notices and counter-notices regarding our Sites and Apps should be sent to:

ClipCast Technologies, LLC
4445 Eastgate Mall, Suite 200
San Diego, CA 92121

 

Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SERVICES OR FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS OR (E) YOUR USE OF THE SERVICES WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

 

Limitation of Liability

IN NO EVENT SHALL CLIPCAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF CLIPCAST ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify and hold ClipCast, its subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity.

 

Termination

We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any of the Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

Miscellaneous

  • Our Services are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of our Services are appropriate or available for use in any particular jurisdiction.
  • The laws of the state of California, USA, will apply to all matters relating to these Terms of Service and the use of the Services, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court in San Diego, California USA or if that court lacks subject matter jurisdiction, to the Superior Court for the County of San Diego, State of California in San Diego, California USA.
  • If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect.