TERMS OF SERVICE
Home > Terms of Service
SquishClip Terms of Service
Last Updated: January 20, 2016
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION. YOU AGREE THAT DISPUTES BETWEEN YOU AND SQUISHCLIP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Site and Services are operated by SquishClip, Inc., 3736 Bee Cave Road, Suite 1171, Austin, Texas 78746 (”SquishClip“ or ”we“).
Description of Service
SquishClip provides a social mobile application that makes it easy to quickly capture, produce, and share bite-size videos with the world (collectively, such services, including any new features and applications, and the Site, the “Service”). Unlike traditional video services, the Service allows users (“you”) to instantly create beautiful videos, share them with those who matter most, and provides instant feedback and inspiration for the community. Pre-bundled, one-click post production packages add graphics, transitions, visual effects, audio and adjust frame rates to give your video that cinematic look, while geo-location, titles and tags provide personalized context. Through an elegant user interface and advanced backend technology—including a mobile cloud encoding system, portable server-side “Production” packages, robust gaming mechanisms, and real-time video feeds, the Service delivers an engaging, premium user experience on just about any device (iPhone, Android, Windows Mobile, and more). The Service is a live-streaming movie studio and real-time film festival—on the go.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, noncommercial use, and only in accordance with the features of the App as it is marketed by SquishClip. The Service enables you to create, submit and share content, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials blogs, feeds, and events (“User Content”).
SquishClip reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof), or this license with or without notice. You agree that SquishClip will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Commercial Use. You may not use the SquishClip App for commercial purposes unless you are the copyright holder or you have obtained all necessary rights and licenses to use for commercial purposes all images, musical works, sound recording, narration, and other material that make up your User Content.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
You may use the App only if you can form a binding contract with SquishClip, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The App is not available to any Users previously removed from the App by SquishClip.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use SquishClip, and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you represent that you possess legal parental or guardian consent to use the Service.
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential and you will not communicate it to any third-party individual or website. You will notify SquishClip immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your password as well as for any loss or liability as a result of such use. SquishClip will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by SquishClip, or any transactions entered into through the Service or failure to abide by this TOS.
General Practices Regarding Use and Storage
You acknowledge that SquishClip may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on SquishClip's servers on your behalf. You agree that SquishClip has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that SquishClip reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SquishClip reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You acknowledge that SquishClip retains the right, to be exercised at its sole discretion with or without your permission, to use any and all content and/or video created by you and held on its servers for advertising, marketing, promotions and/or any other purpose the company chooses.
Use and Conduct
You acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content (whether or nor you are the author of such content) complies at all times (both when first submitted and throughout its accessibility on the Service) with the TOS and all applicable laws. You understand that SquishClip does not pre-screen User Content and is not liable for the content (including User Content) transmitted by users.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to the SquishClip servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial purposes without having all necessary rights and licenses to the User Content; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. SquishClip shall have no liability for conduct in relation to your use of our App.
Third Party Sites and Interactions with Third Parties
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (”Third-Party Sites“). SquishClip has no control over Third-Party Sites or other Internet resources. These resources, content and services are provided to you ”as is“ to facilitate your web browsing. SquishClip does not endorse any Third-Party Sites. SquishClip is providing these links to you only as a matter of convenience, and in no event will SquishClip be responsible for any content, products, or other materials on or available from such Third-Party Sites.
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. SquishClip will have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. SquishClip reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Third Party Services
In addition, SquishClip is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, SquishClip is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. SquishClip enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Posting and Sharing Content
You may post and share Your Content through the Service. When posting Your Content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SquishClip relating thereto.
In connection with your User Content, you affirm, represent and warrant the following:
1. Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
2. To the extent that you use our App for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the App.
3. SquishClip may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
User Content License Grant
If you share your User Content with SquishClip or link your User Content to SquishClip on a third party service (including, for example, by using the tag # SquishClip on Instagram or tagging SquishClip on Facebook), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to SquishClip a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and SquishClip’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels.
Special Notice for International Use; Export Controls
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Conduct of Users
You are solely responsible for User Content that you stream, upload, post, publish or display (hereinafter, ”transmit“) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by SquishClip. SquishClip reserves the right to investigate and take appropriate legal action against anyone who, in SquishClip's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. As a condition for accessing and using the Service, you agree not to use the Service to:
Transmit any content that (a) is unlawful, obscene, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes any unsolicited or unauthorized advertising, promotional materials, ”junk mail,“ ”spam,“ ”chain letters,“ ”pyramid schemes,“ ”contents“, ”sweepstakes“ or any other form of solicitation;
Harass any other user of the Service or to impersonate another person or entity by any means including by using her/his email address and password, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Transmit or make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
Engage in any conduct or transmit any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
Reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
In case of any violation of the above, SquishClip reserves the right to cancel or rename your account and/or to block you from accessing the Service as well as to disclose any information as necessary to satisfy any law, regulation or governmental request, at its sole discretion. SquishClip also reserves the right to block the distribution of User Content through the Service.
Termination of Account
You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Service or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SquishClip may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You understand and accept that we will not be held liable for the cancellation of your account.
From time to time we may offer periodic contests on or through one or more of the Services (each, a ”Contest“). Sometimes SquishClip will sponsor and administer these Contests and other times a third party will sponsor the Contest (each a ”Partner Sponsor“) and SquishClip will administer the Contest (SquishClip and Partner Sponsor, collectively referred to herein as ”Contest Sponsor“). For example, such Contests may include a video featuring America‘s cutest dog. Each such Contest will be subject to and governed by this TOS.
How to Enter: NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Any and all User Content that you post, submit or transmit on or through the Services, at any time, may be considered for entry into any or all Contests without any further action by you and/or without any further notice to you (a ”Contest Entry“). Participation in any and all Contests is voluntary. If, at any time, you do not want to participate in any Contest(s) going forward you should opt-out of such participation by adjusting the settings within your account. Thereafter, you and your User Content will not be eligible for any Contests until you opt-in by adjusting the settings within your account. No illegible, incomplete or altered entries will be accepted.
Prize: The prize descriptions, the total approximate retail value of each and all prizes and the number of winners to be selected for each Contest will be determined by the applicable Contest Sponsor in its sole discretion. Odds of winning a particular Contest are affected by the number of eligible entries received for that Contest. There is no substitution, cash equivalent or transfer of prizes allowed. Each winner will be solely responsible for all other expenses not specifically set forth herein. The Contest Sponsor reserves the right to substitute prizes of equal or greater value. The Contest Sponsor is responsible for prize delivery; not responsible for prize utility, quality or otherwise. In order to receive a prize, each winner may be required to provide proof of identification, his/her social security number and any other information required by the IRS for tax purposes. Taxes on any prizes are the sole responsibility of the winner.
Eligibility: Each Contest is open to legal residents of the United States who are at least 18 years old at the time of entry. Legal residents of the United States who are between the ages of 14 and 18 must obtain permission from a parent or guardian to enter each Contest. If you are between the age of 14 and 18 you represent that you possess legal parental or guardian consent to enter each Contest, Contest Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By submitting a Contest Entry, you accept the conditions stated in this TOS, agree to be bound by the decisions of the Contest Sponsor and warrant that you are eligible to participate in such Contest. Employees, independent contractors, officers and directors of SquishClip and the Contest Sponsor, and their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, administrators and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in any Contest(s). CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
Selection of Winner(s): Depending on the criteria for each Contest, SquishClip will search for Contest Entries on the Services, including by using the Services‘ classification information. The Contest Sponsor will judge the Contest Entries based on the significance, originality, creativity, and overall presentation, among such other criteria as the Contest Sponsor may consider in its sole discretion. At the conclusion of each Contest, the Contest Sponsor will select the Contest Entry which best captures the specific criteria for the particular Contest, in Contest Sponsor‘s sole and absolute discretion. Winner(s) will be notified by mail, telephone or email using the particular winner‘s Site or Services registration information. In the event that the winner does not accept the prize, the winner is ineligible or the prize or prize notification is not deliverable an alternate winner may be selected. SquishClip and any applicable Partner Sponsor are not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify the winner(s). Winner(s) agree to use of name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, winner may be required to sign and return a Publicity Consent and Liability Release.
Conditions: SquishClip and any applicable Partner Sponsor, and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, administrators and legal advisors (the ”Released Entities“), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in any Contest. The Contest Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel any Contest. By participating in a Contest, participants and winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of each Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to each such Contest, participation in each such Contest, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or right of publicity.
1. About. The App provides you the ability to create personal collaborative video stories by sequencing your videos, photos or other images, and if you choose, to accompany them with your music, narration, or other sounds. The App may also provide the capability for third parties to offer you music or audio clips to use in your creation of User Content. You continue to own all of your original User Content in any SquishClip video created by you. However, you do not own any music, audio clips, video, or other content provided by third parties via the App, including any such content that you include in a SquishClip video reel, and you may only use such content for private noncommercial purposes and to the extent of the functionality of the App.
1. Mobile Software. We may make available software to access the App via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. SquishClip does not warrant that the Mobile Software will be compatible with your mobile device. SquishClip hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one SquishClip account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that SquishClip may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and SquishClip or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. SquishClip reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the SquishClip App.
2. Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and SquishClip, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to SquishClip as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to SquishClip as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, SquishClip, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and SquishClip acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Access to the Site
Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Service may trigger your liability and result in criminal or civil legal action. You agree not to access the Service by any means other than those made available to you by SquishClip. You acknowledge and agree that the Service may contain content (”Service Content“) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of SquishClip, our affiliates and our partners (the ”Software“). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by SquishClip. The use of the content of other users of the Service may only be done in compliance with the authorization or license granted by the respective rights holders.
The Service is protected by intellectual property laws and international conventions. The Service structure and the Service Content may be protected by copyright or other intellectual property rights. No material from the Service may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way, except as expressly permitted through the Service. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of SquishClip or, in the case of material licensed to SquishClip, the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Service. Use of prints, images or screen captures from the Service is limited to your personal non-commercial use; any other use or communication is prohibited without receiving SquishClip's prior written consent.
The SquishClip trademark and logo and all other SquishClip trademarks are owned by SquishClip (the ”SquishClip Trademarks“). You agree not to use the SquishClip Trademarks without our written consent. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SquishClip. Nothing in this TOS or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SquishClip Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of SquishClip Trademarks will inure to our exclusive benefit.
Intellectual Property of Others
Under no circumstances will SquishClip be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that SquishClip does not pre-screen content, but that SquishClip and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, SquishClip and its designees will have the right to remove any content that violates these TOS or is deemed by SquishClip, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other users or recipients, including User Content. You will not transmit any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By transmitting any User Content you hereby grant and will grant SquishClip and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable (through multiple tiers), perpetual, irrevocable license to reproduce, copy, create derivative works of, display, transmit, perform, distribute, cache, store, resell, market, promote, modify and otherwise fully use and exploit your User Content in any way (including but not limited to for redistributing part or all of the Service and or derivative works thereof in any format or channel, for commercial purposes or otherwise), in any form, medium or technology now known or later developed, without compensation or acknowledgement to you. You hereby waive any claims you may have based on any usage of User Content or the works derived therefrom including but not limited to claims for invasion of privacy, publicity or libel. To the extent allowed by law, any license you grant SquishClip hereunder includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be referred to as "moral rights," "artist’s rights," "droit moral," or the like. Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation, SquishClip may and is hereby authorized to (and to allow others to) use your image in connection with your User Content. To the extent any of the foregoing is ineffective under applicable law, you hereby provide all ratifications and consents necessary to accomplish the purposes of the foregoing to the extent possible. If any other person appears in your User Content, you represent and warrant that you have obtained the foregoing ratifications, consents and authorizations from such person for SquishClip‘s benefit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (”Submissions“), provided by you to SquishClip are non-confidential and SquishClip will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that SquishClip may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SquishClip, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SquishClip respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SquishClip of your infringement claim in accordance with the procedure set forth below.
SquishClip will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (”DMCA“) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SquishClip's Copyright Agent at privacy@SquishClip.com (Subject line: ”DMCA Takedown Request“). You may also contact us by mail at:
SquishClip, Inc., 3736 Bee Cave Road, Suite 1171, Austin, Texas 78746
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SquishClip and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SquishClip’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Counter-Notice: If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Central District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, SquishClip will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, SquishClip has adopted a policy of terminating, in appropriate circumstances and at SquishClip's sole discretion, users who are deemed to be repeat infringers. SquishClip may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
SquishClip cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
The use of the Service is both free and paid. In addition, some third parties may decide to charge a fee for accessing their content in whole or in part. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide SquishClip information regarding your credit card or other payment instrument. You represent and warrant to SquishClip that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay SquishClip the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize SquishClip to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let SquishClip know within sixty (60) days after the date that SquishClip invoices you. We reserve the right to change SquishClip's prices. If SquishClip does change prices, SquishClip will provide notice of the change on the Service or in email to you, at SquishClip's option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
You agree to release, indemnify and hold SquishClip and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, including without limitation any User Content, or any that is created, stored, shared or submitted via your account; or (vi) any other party’s access and use of the App with your unique username, password or other appropriate security code.
If you are a California resident, you waive California Civil Code Section 1542, which says: ”A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.“ If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
SQUISHCLIP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SQUISHCLIP DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SOFTWARE, SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SQUISHCLIP.
Limitation of Liability
You understand that you are accessing and using the Service at your own risk. SquishClip may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any content, material, program, or file through the Service. SquishClip may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SQUISHCLIP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SQUISHCLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SQUISHCLIP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SQUISHCLIP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
SquishClip reserves the right to change this TOS or SquishClip's policies relating to the Service at any time and will notify you by posting an updated version of this TOS on the Service and/or by sending you an email message. You are responsible for regularly reviewing this TOS. Continued use of the Service after any such changes will constitute your consent to such changes.
There will be occasions when the Service will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that SquishClip will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. SquishClip is not responsible for any disruption inherent in the operation of the Internet, including viruses or otherwise.
You agree that: (i) the App shall be deemed solely based in California; and (ii) the App shall be deemed a passive one that does not give rise to personal jurisdiction over SquishClip, either specific or general, in jurisdictions other than California. This TOS shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
No joint venture, partnership, employment, or agency relationship exists between you and SquishClip as a result of this agreement or use of the Service. The failure of SquishClip to enforce any right or provision in this TOS will not constitute a waiver of such right or provision unless acknowledged and agreed to by SquishClip in writing. SquishClip has the right to assign any or all of its rights and obligations under this TOS at any time. This TOS comprises the entire agreement between you and SquishClip and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
At SquishClip's or your election, all disputes, claims, or controversies arising out of or relating to the TOS or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Los Angeles, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the TOS. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the TOS and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the TOS, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Class Action/Jury Trial Waiver
REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE APP FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND SQUISHCLIP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU AND SQUISHCLIP WAIVE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR SQUISHCLIP WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT BY A PRIVATE ATTORNEY GENERAL OR IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT.
1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SquishClip without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Notification Procedures and Changes to the Agreement. SquishClip may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by SquishClip in our sole discretion. SquishClip reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. SquishClip is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with SquishClip in connection with the App, shall constitute the entire agreement between you and SquishClip concerning the App. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
4. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SquishClip’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Questions? Concerns? Suggestions?