Terms of Use

Last updated on: July 9, 2008

Welcome to Clipta, the Friendliest video search engine that indexes online videos from all over the Web for personal, entertainment and informational purposes only. Clipta provides access to information to the global video community, and we are dedicated to setting the standard for video search technology and how people find video on the Web. We are committed to provide our users the most relevant search results presented in the order of greatest relevance. By creating our new V-Rate system in video search technology and adapting to the changing complexity of the Internet, we help users find what they need quickly and intuitively. We rank search results automatically according to established V-Rate criteria. Also Clipta is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends, upload and share videos, create Groups and Forums. Results shown on Clipta will include links to Content hosted and served from third party websites. Content means all materials displayed or made accessible through the Site or Services and includes but is not limited to any content: video, text, graphics, articles, photographs, images, illustrations, audio clips and video clips. You understand that all which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You should be aware that Content presented to you as part of the Services, may be protected by intellectual property rights which are owned by the third party who provide that Content to Clipta (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content, either in whole or in part unless you have been specifically told that you may do so by Clipta or by the owners of that Content, in a separate agreement. Some Content and some of these sites may contain materials that are objectionable, unlawful, or inaccurate. By providing access to the Content or these links do not mean that we endorse the Content, these third party sites or services. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third party sites. This Terms of Use constitutes the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. Please read this page carefully. If you do not accept the Terms of Use stated here, do not use this web site and service.The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Your Acceptance.

By accessing or using our web site you signify that you have read, understand and agree to be bound by these Terms of Use (“Agreement”), whether or not you are a registered member of Clipta. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access the Service or the Site. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Registration Data & Account Security

3. Clipta Website & Proprietary Rights in Site Content.

These Terms of Use apply to all users of the Clipta Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Clipta Website includes all aspects of Clipta, including but not limited to all products, software and services offered via the website and other applications. All content on the Site and available through the Service, including video, designs, text, graphics, pictures, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation and any other use of the Site Content is strictly prohibited. Such unauthorized use may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. The Clipta Website may contain links to third party websites that are not owned or controlled by Clipta. Clipta has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Clipta will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Clipta from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Clipta Website and to read the terms and conditions and privacy policy of each other website that you visit.

4. General Use of the Website.

As a user you agree not to distribute in any part of the Website, including but not limited to User Submissions, without Clipta prior written authorization. You agree not to alter or modify any part of the Website. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You agree not to, do the following things:

4.1. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it.

4.2. Post material that reveals trade secrets, unless you own them or have the permission of the owner.

4.3. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.

4.4. Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity.

4.5. Post a sexually-explicit image or statement.

4.6. Post advertisements or solicitations of business, post chain letters or pyramid schemes impersonate another person.

4.7. Post material that contains viruses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Base on provision of these Terms of Use you agree not to use the Site to:

4.8. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.

4.9. Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.

4.10. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

4.11. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

4.12. Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

5. Limitation of Liability.

CLIPTA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOU’RE USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CLIPTA IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CLIPTA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLIPTA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. IN NO EVENT SHALL CLIPTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:

5.1. ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT.

5.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE.

5.3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

5.4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE.

5.5. ANY BUGS, VIRUSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.

5.6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLIPTA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

6. Termination Policy.

Clipta may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments. Clipta will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. Clipta reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Clipta may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

7. Governing Law.

By visiting or using the Site or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts of California.

8. Indemnity.

You agree to indemnify, defend and hold the Company, its parent corporation its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including without limitation reasonable legal and accounting fees alleging or resulting from your use of the Material or your breach of the terms of these Terms of Use, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. Clipta shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. This defense and indemnification obligation will survive these Terms of Use and your use of the Clipta Websites.

9. Privacy Policy.

We care about the privacy of our users. Click here to view the Clipta Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

10. Ability to Accept Terms of Use.

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 of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Clipta Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Clipta Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

11. General.

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Where Clipta has provided you with a translation of the English language version of the Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Clipta. If there is any contradiction between what the English language version of the Terms of Use says and what a translation says, then the English language version shall take precedence. You agree that the Clipta Website shall be deemed solely based in California; and the Clipta Website shall be deemed a passive website that does not give rise to personal jurisdiction over Clipta, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Clipta that arises in whole or in part from the Clipta Websites shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by Clipta on the Website, shall constitute the entire agreement between you and Clipta concerning the Clipta Websites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

YOU AND CLIPTA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLIPTA WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.