clipDO - Terms and Conditions

This Statement of Rights and Responsibilities (Statement) governs our relationship with users and others who interact with clipDO. By using or accessing and clipDO service you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can protect your privacy and so that you know what data we collect and hold relating to your use of our services. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you generate and post on clipDO, and you can control how it is shared through the choices you make in your settings. In addition:

  1. For content that is covered by intellectual property rights, like photos , videos and original copy, you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with clipDO (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you publish content or information using the Public setting, or the Hoot command, it means that you are allowing everyone, including people off of clipDO, to access and use that information, and to potentially associate it with you though your clipDO profile.
  4. We always appreciate your feedback or other suggestions about clipDO, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
  5. Where content has been clipped form the web the original author retains their rights and you will only have rights to derivative works to the extent of the law in your jurisdiction.

3. Safety

We do our best to keep clipDO safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on clipDO.
  2. You will not collect users' content or information, or otherwise access clipDO, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on clipDO.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not use clipDO to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working of clipDO, such as a denial of service attack.
  10. You will not facilitate or encourage any violations of this Statement.

4. Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on clipDO that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on clipDO if we believe that it violates this Statement.
  3. We will provide you with tools to help you protect your intellectual property rights. If you have any concerns regarding intellectual property rights please email legal@clipdo.com.
  4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or trademarks (including clipDO), or any confusingly similar marks, without our written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear you (and not clipDO) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone's identification documents or sensitive financial information on clipDO.

5. Mobile Devices Including e-readers

  1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  2. If you use the Amazon ™ Kindle services we offer you may incur charges for delivery of content. There are no charges at present for delivery via wifi but clipDO has no control of costs that Amazon may impose in the future.
  3. You provide all rights necessary to enable users to sync (including through an application) lists of content that you have made public including those elements of your profile that are relevant such as basic information and contact information that is visible to them on clipDO, as well as your name and profile picture.

6. Special Provisions Applicable to Share Buttons

If you include our Share button on your website, the following additional terms apply to you:

  1. We give you permission to use clipDO's Share button so that users can clip content or links from your website on clipDO.
  2. You give us permission to use and allow others to use such links and content on clipDO.
  3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on clipDO.

7. About Advertisements and Other Commercial Content Served or Enhanced by clipDO

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  1. You give us permission to use your name and profile picture in connection with adverts, subject to limits you place though your privacy settings.
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.

8. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on clipDO. The following additional terms apply to you if you place an order through our online advertising portal (Order):

  1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
  2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
  3. You will pay for your Orders in accordance with our payments terms (30 days net of you placing the order).
  4. Your ads will comply with the policies within this document.
  5. We will determine the size, placement, and positioning of your ads unless we have specifically agreed placement with you.
  6. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  7. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
  8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running.  You are responsible for paying for those ads.
  9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
  10. We can use your ads and related content and information for marketing or promotional purposes.
  11. You will not issue any press release or make public statements about your relationship with clipDO without written permission.
  12. We may reject or remove any ad for any reason.
  13. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
    1. You warrant that you have the legal authority to bind the advertiser to this Statement.
    2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

9. Amendments

  1. We can change this Statement if we provide you notice (by posting the change on the clipDO blog) and an opportunity to comment.  To get notice of any future changes to this Statement please join our mailing lists.
  2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

10. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the clipDO services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your access at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: all of sections 2, 4 and 6

11. Disputes

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or clipDO exclusively in the courts of England. The laws of England will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in England for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on clipDO, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  3. WE TRY TO KEEP CLIPDO UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING CLIPDO AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CLIPDO WILL BE SAFE OR SECURE. CLIPDO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR CLIPDO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR CLIPDO WILL NOT EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CLIPDO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Special Provisions Applicable to Users Outside the European Union

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the European Union:

  1. You consent to having your personal data transferred to and processed in the European Union.
  2. If you are located in a country embargoed by the European Union or the United Kingdom or Great Britain you will not engage in commercial activities on clipDO (such as advertising or payments).

13. Definitions

  1. By clipDO we mean the features and services we make available, including through (a) our website at www.clipDO.com and any other clipDO branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) social plugins such as the clipDO share button and other similar offerings and (c) other media, software, devices, or networks now existing or later developed.
  2. By information we mean facts and other information about you, including actions you take.
  3. By content we mean anything you post on clipDO that would not be included in the definition of information.
  4. By data we mean content and information that third parties can retrieve from clipDO or provide to clipDO through our API's.
  5. By post we mean all delivery of information, content or data to clipDO however it be delivered or made available to us. For the avoidance of doubt this includes all content form 3rd party sites that has been clipped using our clipping services.
  6. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  7. By active registered user we mean a user who has logged into clipDO at least once in the previous 30 days.
  8. By application we mean any application or website that uses or accesses clipDO through our API's, as well as anything else that receives or has received data from us.  If you no longer access clipDO but have not deleted all data from us, the term application will apply until you delete the data.

14. Other

  1. This Statement is an agreement between you and Tangaro Ltd, a company registered in England number 07741773.  Tangaro Ltd owns the clipDO brand and services delivered under that brand. References to "us," "we," and "our" mean Tangaro Ltd.
  2. This Statement makes up the entire agreement between the parties regarding clipDO, and supersedes any prior agreements.
  3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of this Statement, it will not be considered a waiver.
  5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in this Statement shall prevent us from complying with the law.
  9. This Statement does not confer any third party beneficiary rights.
  10. You will comply with all applicable laws when using or accessing clipDO.

15. Competitions

1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Term ("Terms"), together to be defined as the "Competition", unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Terms.

2. The Competition(s) is organised and operated by Tangaro Ltd

3. Tangaro employees (and immediate family) are not eligible to enter Competitions

4. Employees (and immediate family members) of any company involved in the Competition or, if relevant, any advertising agency connected with the competition are not eligable to enter the Competition.

5. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver's licence. Provision of such documents will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.

6. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.

7. We assume that by using our site and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to the Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these Terms.

8. We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has significantly breached any of these terms and conditions.

9. We accept one Competition entry from an individual only.

10. Incomplete or indecipherable entries will be void.

11. Automated entries are not allowed and will be disqualified.

12. Competition entries must be made in the manner prescribed and by the date specified in the compeition. Failure to do so will disqualify the entry.

There is no purchase requirement to enter a Competition.

13. Prize winners will be chosen at random unless specified otherwise, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. In all matters, the decision(s) shall be final and no correspondence or discussion shall be entered into.

14. Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded.

15. Prizes are non-transferable and there is no cash alternative. We reserve the right to substitute prizes of equal or greater value at any time.

16. We reserve the right, in our absolute discretion, to request a proof of identity in the form of your passport, driving licence and a utility bill bearing your address.

17. Prizes are awarded at our discretion and prizes may be withheld in the event of improper actions by or on behalf of any entrant.

Where a prize may not be appropriate for a younger contestant, the minimum age for entry is 10 years old and must be observed. We reserve the right to request written proof of age of any winner.

18. All prizes will be presented to winners via the UK mail service, unless otherwise noted. Tangaro Ltd does not accept any liability or claims for prizes which are lost, delayed or damaged in the post or otherwise not validly received by you.

19. Tangao Ltd is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the competition or prizes other than those costs and expenses specifically provided for in the prize (if any).

20. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition.

21. Tangaro Ltd and clipDO privacy policy applies for all competitions.

22. You undertake not at any time to disclose, reveal, communicate or otherwise make public any confidential information relating to Tangaro Ltd, its business, personnel, servants, agents or officers to anyone.

23. There is no fee payable to you in respect of your involvement in the Competition.

24. These Terms (unless otherwise expressly confirmed in writing by Tangaro Ltd) supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Competition or the Prize or any of these Terms should be relied upon unless confirmed in writing by Tangaro Ltd. The invalidity, illegality, or unenforceability of the whole or part of a Term or Condition does not affect or impair the continuation in force of the remainder of the Terms.

25. In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable it shall be severed from the remaining provisions of these Terms which shall continue in full force and effect.

26. The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.

27. These Terms are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

 

Wednesday, 7th December 2011