Last Updated: March 31, 2022
Welcome to the Clipjoy website and mobile app (the “Clipjoy Platform”). The Clipjoy Platform is operated by TechStory, Inc. d/b/a Clipjoy (“Clipjoy”). Clipjoy is software as a service that allows users to create, upload and view videos and other content through the Clipjoy Platform by scanning a QR code or link which is affixed to or associated with a physical or digital item.
It is important to us that you, and our other visitors, have the best possible time while using the
Clipjoy Platform and that when you use the Clipjoy Platform you are fully aware of your legal rights and obligations. For that reason, we have created these Terms of Use (“Terms of Use” or “Terms”) as the legally binding terms to govern your use of the Clipjoy Platform. Please read these Terms of Use carefully before using the Clipjoy Platform, because it affects your legal rights and obligations.
THESE TERMS OF USE CONTAINS AN ARBITRATION AGREEMENT WHICH REQUIRES YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST CLIPJOY TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CLIPJOY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS ENTIRE TERMS OF USE, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.
Your Acceptance of Terms If you do not agree with any of these Terms of Use please do not use the Clipjoy Platform. By using the Clipjoy Platform, you will be deemed to have irrevocably agreed to these terms. Please read them carefully.
Some areas of the Clipjoy Platform may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of the Clipjoy Platform, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued without notice at any time by
updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Clipjoy Platform will be deemed as irrevocable acceptance of any revisions.
How to Contact Us Please forward any comments or complaints about the Clipjoy Platform to contact@clipjoy.com. Please forward any questions regarding any legal matters, including any privacy-related concerns to contact@clipjoy.com.
Your Registration Clipjoy reserves the right to require you to provide certain registration details in order to access the Clipjoy Platform. It is a condition of use of the Clipjoy Platform that all the details you provide be correct, current, and complete. If we at Clipjoy believe the details are not correct, current, or complete, we have the right to refuse you access to the Clipjoy Platform, or any of its resources, and to terminate or suspend your account.
Online Privacy Policy Your privacy is important to us. To better protect your privacy, we provide a policy explaining our online information practices and the choices you can make about the way your information is collected and used at this site. To review this notice, which forms part of these Terms of Use, please go here: Privacy Policy[RA1] . In any event, subject to the terms of our Privacy Policy, any material you send to us will not be treated as confidential.
Intellectual Property
Your Use of Material Clipjoy is the owner and retains all proprietary rights to the Clipjoy Platform, the services provided by the Clipjoy Platform, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Clipjoy Platform, the services provided by the Clipjoy Platform and materials incorporated by Clipjoy on the Clipjoy Platform (“Material”). Your right to make use of the Material or other content appearing on the Clipjoy Platform is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on the Clipjoy Platform for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks of Clipjoy and is prohibited.
You may access and display Material and all other content displayed on the Clipjoy Platform for noncommercial, personal, entertainment use on a computer or mobile device. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Clipjoy Platform into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Our Use of User Content. Subject to the provisions of any additional terms, by using the Clipjoy Platform to create and/or upload, send and/or receive video and other content (“User Content”) you automatically and irrevocably: (a) grant and assign to Clipjoy a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Clipjoy and/or by any person authorized by Clipjoy, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Clipjoy as your agent with full power to enter into any document and/or do any act Clipjoy may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Clipjoy shall not be liable for any use or disclosure of such User Content.
Publicity Waiver By using the Clipjoy Platform to create and/or upload and send User Content, you hereby permit both Clipjoy and the recipient of your User Content to use, your name, image, likeness, and the sound of your voice, without payment or any other consideration.
Acceptable Use
Please act responsibly when using the Clipjoy Platform. You may only use the Clipjoy Platform and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Clipjoy Platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Clipjoy Platform is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all User Content transmitted on or through the Clipjoy Platform are the sole responsibility of the sender, not Clipjoy, and that you are responsible for all User Content you upload, post or otherwise transmit to or through the Clipjoy Platform.
We at Clipjoy require that you do not use the Clipjoy Platform in any manner, or provide any User Content, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, is unlawful, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor or other person appearing in the content;
(c) seeks to exploit or harm minors under the age of 18 by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes or misappropriates (or results in the infringement or misappropriation of) any intellectual property or other right of any entity or person;
(e) violates any law or may be considered to violate any law;
(f) is illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
(g) advocates, promotes or encourages illegal activity or conduct that would be considered a criminal offense, give rise to civil liability, violate any law, rule, or regulation, or is otherwise inappropriate;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise
manipulates identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise
engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services) except as specifically authorized on the Clipjoy Platform;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer
code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) is pornography or sexually suggestive behavior (including any obscene material, and anything depicting minors under the age of 18 (or other applicable age of majority) in sexually suggestive situations whether or not depicting actual minors);
(m) copies any other pages or images on the Clipjoy Platform except with appropriate authority;
(n) probes, tests, scans or reverse-engineers the Clipjoy Platform;
(o) amounts to a 'pyramid' or similar scheme;
(p) is offensive (including materials promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity);
(q) disobeys any policy or regulations established from time to time regarding use of the Clipjoy Platform or any networks connected to the Clipjoy Platform, or would cause Clipjoy to be in violation of any law or regulation; or
(r) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted
by Clipjoy anywhere on the Clipjoy Platform (e.g., on any web or mobile app space made available for your use).
Termination of Use We may terminate or suspend your use of the Clipjoy Platform 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, your right to use the Clipjoy Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and content uploaded and/or bar any further access to such information and content. Clipjoy 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.
System Abuse Without limitation, you agree not to use the Clipjoy Platform to send a single message to many users, or send large or multiple messages to a single user with malicious intent, or engage in or undertake any other activity which may adversely affect the operation or enjoyment of the Clipjoy Platform by any other person, including a recipient. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Clipjoy Platform.
Security Clipjoy may monitor your use of the Clipjoy Platform. You are prohibited from using any services or facilities provided in connection with the Clipjoy Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Clipjoy reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Investigations Clipjoy reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from creating and/or uploading video and other content or receiving video and other content using the Clipjoy Platform. Clipjoy may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Clipjoy may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Clipjoy believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may remove the material permanently, cancel the message, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Clipjoy will fully cooperate with any law enforcement authorities or court order requesting or directing Clipjoy to disclose the identity of anyone making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS ALL CLIPJOY, AND ANY PARENTS, SUBSIDIARIES OR AFFILIATED COMPANIES OF CLIPJOY AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS (THE “CLIPJOY ENTITIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE CLIPJOY ENTITIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE CLIPJOY ENTITIES OR LAW ENFORCEMENT AUTHORITIES.
Service Clipjoy reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Clipjoy Platform and/or any software, facilities and services on the Clipjoy Platform, with or without notice, and/or to establish general guidelines and limitations on their use.
Local Regulations Although the Clipjoy Platform may be accessible worldwide, Clipjoy makes no representation that Materials or other content in the Clipjoy Platform are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Clipjoy Platform from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Disclaimer of Warranties YOUR USE OF THE CLIPJOY PLATFORM IS AT YOUR OWN RISK. THE CLIPJOY PLATFORM AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE CLIPJOY PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CLIPJOY ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CLIPJOY ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CLIPJOY PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE CLIPJOY PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CLIPJOY ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE CLIPJOY PLATFORM OR ANY WEB SITES OR MOBILE APPS LINKED TO THE CLIPJOY PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CLIPJOY ENTITIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE CLIPJOY PLATFORM OR ANY WEB SITE OR MOBILE APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE CLIPJOY ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE CLIPJOY PLATFORM OR ANY OTHER WEB SITE OR MOBILE APP. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability THE CLIPJOY ENTITIES DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE CLIPJOY PLATFORM OR ANY OTHER WEB SITE, MOBILE APP, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE CLIPJOY PLATFORM OR ANY OTHER WEB SITE OR MOBILE APP, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE CLIPJOY ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE CLIPJOY ENTITIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity You agree to indemnify and hold harmless the Clipjoy Entities and each of their respective parents, subsidiaries, affiliates, officers, directors, agents, distributors and employees from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of these Terms of Use, , your misuse of the Clipjoy Platform, and your User Content.
Third-Party Sites The Clipjoy Platform may include links to other mobile apps or sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party (“Third Party Sites”). These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You acknowledge that these Third-Party Sites are not under the control of Clipjoy, and you acknowledge that (whether or not such sites are affiliated in any way with Clipjoy) Clipjoy is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion Third Party Sites on the Clipjoy Platform does not imply endorsement of any Third-Party Sites by Clipjoy or any association with its operators.
Clipjoy cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site or mobile app that links to or from Clipjoy since other shop channels are owned and operated by independent retailers. Clipjoy does not endorse any of the merchandise, nor has Clipjoy taken any steps to confirm the accuracy or reliability of any of the information contained in such advertisements or third-party sites or mobile apps. Clipjoy does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Proprietary Online Services Any area of the Clipjoy Platform that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Claims of Infringement If you believe that any content appearing on the Clipjoy Platform infringes your copyright rights, we at Clipjoy want to hear from you. Please provide us with the following information in writing to the Copyright Agent at the address and/or email address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been
authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person
authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is
accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent c/o TechStory, Inc. d/b/a Clipjoy, 853 Broadway, Suite 905, New York, NY 10003, and contact@clipjoy.com
Clipjoy seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
Applicability of Laws These Terms of Use are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York.
Binding Arbitration Without limiting any other provision of these Terms of Use, you agree to the following:
