We wrote this policy to help you understand what information we collect, how we use it, and what choices you have regarding your information. Because we're an Internet company, some of the concepts below are a little technical, but we've tried our best to explain things in a simple and clear way.
What information do we collect?
We collect information in two ways:
1. When you give it to us or give us permission to obtain it. When you use our products, you voluntarily give us certain information. This can include your email address you used to sign up, your clips, and any other information you provide us.
You also may give us permission to access your information in other services. For example, you may link your Facebook or Gmail account to Clipular, which allows us to obtain information from those accounts. The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.
2. We get technical information when you use our products. These days, whenever you use a website, mobile application, or other Internet service, there's certain information that almost always gets created and recorded in an automated way. The same is true when you use our products, and here are some of the types of information we collect in this way.
Log Data. When you use Clipular, our servers automatically record information about your interaction with our products ("log data"), including information that your browser sends whenever you visit a website when you use it to access Clipular. This log data may include your Internet Protocol address, browser type and settings, the date and time of your request, and how you used Clipular.
How do we use the information we collect?
We use the information we collect to provide our products to you and make them better, develop new products, and protect Clipular and our users. For example, we may log how often people use two different versions of a product, which can help us understand which version is better.
We also use the information we collect to:
• Send you updates and other information that may be of interest to you. You can decide to stop getting these updates.
• Respond to your questions or comments.
The information we collect may be "personally identifiable" (meaning it can be used to specifically identify you as a unique person) or "non-personally identifiable" (meaning it can't be used to specifically identify you). We use both types of information, and combinations of both types, as described above. We may use or store information wherever Clipular does business, including countries outside your own.
What choices do you have about your information?
Our goal is to give you simple and meaningful choices over your information. If you have a Clipular account, many of the choices you have on Clipular are built directly in to the product or your account settings.
How do we share the information we collect?
Clipular is a tool people use to privately collect and/or publicly share their their inspirations, make them a reality, and inspire others in the process. When you create public boards, anyone can view them.
• If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Clipular; or to detect, prevent, or otherwise address fraud, security or technical issues.
• We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
Our Policy on Children’s Information
Clipular is not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us.
How do we make changes to this policy?
We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use Clipular after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or obtain your consent as required by law.
Clipular ("Clipular") respects the intellectual property rights (“IP Rights”) of others and expects its users to do the same. It is Clipular's policy, in appropriate circumstances and at its sole discretion, to restrict the functions, suspend or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other IP Rights of others.
Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) (Please find the text of DMCA from the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf), Clipular will respond expeditiously to claims of copyright infringement committed using the Clipular website ("Site") that are reported to Clipular's designated copyright agent (“Designated Agent”), identified in the sample notice below.
For those who are copyright owners, or are authorized to act on behalf of one owner, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Clipular's Designated Agent. Once the Notice has been received, Clipular will take any action, in its sole discretion, it deems appropriate, including but not limited to removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement
1. Please identify the copyrighted work that you claim has been infringed, or – under the circumstance that multiple copyrighted works are covered by this Notice - you may provide a list of representatives of the copyrighted works that you claim have been infringed.
2. Please identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, if applicable, including at a minimum the URL of the link shown on the Site where such material may be found, and to locate the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, if applicable, including at a minimum the URL of the link shown on the Site where such reference or link may be found.
3. Please provide your mailing address, telephone number, and email address.
4. Please include both of the following statements in the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." and; "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Please provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to email: firstname.lastname@example.org
Copyright Complaint (DMCA) Notification
1. If a user receives a notification that a Clip has been removed due a copyright complaint, it means that the Clip's content has been deleted from Clipular at the request of the content's legal owner.
2. If a user’s account receives too many copyright complaints, such user may lose the ability to Clip new content on Clipular, and the functions of such user’s account may be disabled completely.
3. If a user believes a Clip was removed in error, such user has the option to file a counter-notice by following the steps below. When Clipular receives a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive a notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from the record of such user’s account, and we may also replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the legal and actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
Procedure for Filing a Counter-Notice
1. Email your counter-notice to the Designated Agent.
2. Include ALL of the following required information:
a. Your name, contacting address, email address and telephone number.
b. DMCA ID printed at the bottom of the notification email.
c. The source address of the content that was removed (please also copy and paste the link in the notification email).
d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Clipular may be found, and that you will accept service of process from the person who provided the original complaint under subsection or an agent of such person.
f. Your full legal name and your physical or electronic signature.
1. Use of Clipular
a. Scope of Clipular’s Users
Users of our Products should above the age of 13. Before you use our Products, you and Clipular should enter into a binding contract in compliance with these Terms and all applicable laws. When you create your Clipular account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are fully authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Clipular’s License to Users
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
2. User Content
a. Posting Content
Clipular allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to Clipular.
b. Use of User Content by Clipular and Other Users
You grant Clipular and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Clipular solely for the purposes of operating, developing, providing, and using the Clipular Products. Notwithstanding the aforesaid, nothing in these Terms shall restrict other legal rights Clipular may have to User Content. We reserve the right to remove or modify User Content for any reason.
c. Time Period for keeping User Content by Clipular
As of termination or deactivation of your account, or if you remove any User Content from Clipular, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Clipular and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Clipular.
e. Feedback provided by Users
We value our users’ feedback, and are always interested in learning about ways we can make Clipular more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Clipular does not waive any rights to use similar or related feedback previously known to Clipular, or developed by its employees, or obtained from sources other than you.
3. Copyright Policy
Clipular has adopted and implemented the Clipular Copyright Policy in accordance with the Digital Millennium Copyright Act.
We care about the security of our users. While we work to protect the security of your User Content and account, Clipular cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If your find any such defeat, please notify us immediately.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Clipular. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Clipular, you agree that Clipular will have no liability arising from your use of or access to any third-party website, service, or content.
Clipular may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, Sections 2 and 6-12 of these Terms continue to bind you.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Clipular and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
CLIPULAR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Clipular takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIPULAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL CLIPULAR'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Clipular, you agree to first resolve the dispute with us through friendly negotiation. If Clipular has not been able to resolve the dispute with you through friendly negotiation, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Clipular agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Clipular will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CLIPULAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
12. General Terms
a. Notification Procedures and changes to these Terms.
Clipular reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clipular without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Entire Agreement/Severability.
d. No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Clipular's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.