Terms Of Use

Effective Date: This Terms of Use Agreement was last updated on September 30, 2014.

Please read these Terms of Use ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of ClipConnections a part of VenPlex Inc. and our affiliates ("ClipConnections", "we" or "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. We reserve the right, at any time, to modify, alter, or update these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to t he amended Terms, you must stop using the Services and delete your ClipConnections account. And except as provided in this paragraph, this Agreement may not be amended.

Description of Service

VenPlex Inc. is providing Member with ClipConnections. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Members access to the Internet, and (3) pay any fees related with such connection. This website is void where prohibited. This website (and services) is intended solely for users of 13 years of age and above. By using the site and the services you represent and warrant that you are above the age of 13 years.

Public Beta

You understand and acknowledge that this site is provided as a PUBLIC BETA and is made available on an AS IS basis for the purposes of public testing and feedback to our company. It is possible that the site may have errors and software bugs that may cause failures, corruption or loss of data, other inaccuracies, or other unforeseen issues. Your use of the site constitutes an acceptance of participating in this beta testing.

Our Audience

ClipConnections is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating ClipConnections accounts. 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, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one ClipConnections account. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Member Accounts

To be able to use our service, you need to create an account on ClipConnections.com. You agree to provide correct, current information as prompted for our registration. Members are responsible for all activity that occurs within their account, including any aliases they may create. We reserve the right to reclaim the usernames/alias names from members for which there may be legal claims or trademarks by businesses or individuals to those names.

Usage Data

By using the ClipConnections application you agree to let ClipConnections collect information about your usage of the application, including interactions with Chat, Video or Photo. You also agree to let ClipConnections collect certain types of information from and about your device. For example, if you choose to use our "Invite Friends" feature, you agree to let ClipConnections access the address book on your device and upload data to its servers to sync your contacts and find which of your friends are already ClipConnections users. For more information about the information we collect from you and your device and ClipConnections privacy practices, please review our Privacy Policy.

User Content

The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, "User Content"). You may not post any content that is illegal or content that you do not own and or have permission/authorization to post/upload. You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. You agree that you are solely responsible for your User Content and that ClipConnections is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason. You retain all ownership rights in your User Content. However, by submitting User Content to ClipConnections, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.

ClipConnections Content

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "ClipConnections Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of ClipConnections Content may violate such laws and these Terms. Except as expressly provided in these Terms, ClipConnections does not grant any express or implied rights to use ClipConnecitons Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, ClipConnections Content, the Services or any related software, except as expressly stated in these Terms. You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and ClipConnections Content. This license is revocable at any time. This license is subject to these Terms and does not include: The distribution, public performance or public display of ClipConnecitons Content; Modifying or otherwise making any derivative uses of the Services or ClipConnections Content, or any portion thereof; Use of any scraping, data mining, robots or similar data gathering or extraction methods; Downloading (other than page caching) any portion of the Services, ClipConnections Content or any information contained therein, except as expressly permitted on the Services; Accessing the ClipConnections API with an unauthorized or third-party client; and Any use of the Services or ClipConnections Content other than for their intended purposes. Any use of the Services or ClipConnections Content other than as specifically authorized in these Terms, without the prior written permission of ClipConnections, is strictly prohibited and will terminate the license to use ClipConnecitons granted in these Terms.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you agree that you will not: Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms; Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; Compromise the security of the Services; Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials; Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services; Use or attempt to use another user's account without authorization; Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access; Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so; Engage in any harassing, intimidating, predatory or stalking conduct; Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity; Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual's consent; Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your ClipConnections account; Develop any third-party applications that interact with User Content or the Services without our prior written consent; and Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms. You further agree to abide by any third-party terms that apply when posting reviews of ClipConnections, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. Posting ClipConnections username in app store reviews is strictly prohibited and may result in the deletion of your ClipConnections account.

Account Security

After opening a ClipConnections account, you accept all responsibility for any activity that occurs while logged into your account. When you first create a ClipConnections account, we ask for your mobile number in order to verify your account. Please be aware that your carrier's text messaging fees apply for mobile number verification.

Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. VenPlex Inc. shall not be liable to Member or any third party should ClipConnections exercise its right to modify or discontinue the Service. Member agrees that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

Third-Party Sites

Our service may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site a dministrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.

Governing Jurisdiction of the Courts

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright Policy

ClipConnections respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), VenPlex Inc., Po Box 672, Cupertino, CA 95015; email: [email protected]

Disclaimer

THE SERVICES AND THE CLIPCONNECTIONS CONTENT ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE CLIPCONNECTIONS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.

Note to International Users

The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.

Disputes

1. Indemnification

Member agrees to indemnify and hold VenPlex Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Member use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member computer, of any intellectual property or any other right of any person or entity.

2. Limitation of Liability

CLIPCONNECTIONS AND VENPLEX INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR. CLIPCONNECTIONS/VENPLEX INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CLIPCONNECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by VenPlex Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.